TB3-09540

TB3-09540

The RAD confirmed the RPD because the appellant's new allegations and supporting materials lacked sufficient credibility and corroboration (psychosocial report lacked appropriate credentials and relied on appellant's account; documentary evidence postdated the RPD decision or lacked probative detail; appellant's explanation for non-disclosure was inconsistent and implausible), and therefore the RPD's adverse credibility findings were reasonable and the refugee claim failed.

Citation
TB3-09540
Parties
Principal Appellant: XXXX XXXX XXXX XXXXXXXX XXXX XXXX; Dependent Minor Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
2 July 2014
Procedural Posture
Refugee Appeal to Refugee Appeal Division / Oral Hearing on New Evidence and Credibility of Appellant After RPD Determination
Outcome
Appeal dismissed; RPD determination confirmed pursuant to s.111(1)(a) IRPA for the Principal Appellant and her dependent son
Legal Topics
Credibility Assessment, Sexual Violence / Gender Based Persecution, Admissibility and Weight of New Evidence on Appeal, Standard of Review Reasonableness, Application of Gender Guidelines
Source Language
English
Immigration Refugee Law Administrative Law Human Rights Credibility Assessment Sexual Violence / Gender Based Persecution Admissibility and Weight of New Evidence on Appeal Standard of Review Reasonableness +1 more

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Parties

XXXX XXXX XXXX XXXXXXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Dependent Minor Appellant

Procedural Posture

Refugee Appeal to Refugee Appeal Division / Oral Hearing on New Evidence and Credibility of Appellant After RPD Determination

Legal Issues

  1. 1 Whether the appellant's new allegation of rape and supporting evidence are credible and admissible on appeal under s.110(4) IRPA
  2. 2 Whether the new evidence, if accepted, establishes Convention refugee status under ss.96-97 IRPA
  3. 3 What weight to accord psychological and corroborative evidence lacking professional accreditation or contemporaneous detail

Ratio Decidendi

The RAD confirmed the RPD because the appellant's new allegations and supporting materials lacked sufficient credibility and corroboration (psychosocial report lacked appropriate credentials and relied on appellant's account; documentary evidence postdated the RPD decision or lacked probative detail; appellant's explanation for non-disclosure was inconsistent and implausible), and therefore the RPD's adverse credibility findings were reasonable and the refugee claim failed.

Court Disposition

Appeal dismissed; RPD determination confirmed pursuant to s.111(1)(a) IRPA for the Principal Appellant and her dependent son

Orders

  • Appeal dismissed and RPD determination confirmed