TB5-12765

TB5-12765

RAD conducted an independent assessment and found no admissible new evidence; it deferred to RPD credibility findings where the RPD had advantage, concluded the psychological report and documentary letters/pictures lacked probative value, found the principal failed to establish sexual identity and risk on balance of probabilities, and found the minor (a Jamaican citizen) not in need of protection; therefore the RPD decision was confirmed and the appeal dismissed.

Citation
TB5-12765
Parties
Principal Appellant: XXXX XXXX XXXX XXXX; Minor Appellant: XXXX XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
29 February 2016
Procedural Posture
Refugee Protection Appeal (refugee Appeal Division) / Final Decision on Appeal (confirmation/dismissal)
Outcome
Appeal dismissed; decision of the Refugee Protection Division confirmed
Legal Topics
Credibility Assessment, Standard of Review/hybrid Appeal, New Evidence and Oral Hearing, Psychological/medical Evidence, Minor Claimant Protection, Proof of Identity/documentary Evidence
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Assessment Standard of Review/hybrid Appeal New Evidence and Oral Hearing Psychological/medical Evidence Minor Claimant Protection +1 more

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Parties

XXXX XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX XXXX

Minor Appellant

Procedural Posture

Refugee Protection Appeal (refugee Appeal Division) / Final Decision on Appeal (confirmation/dismissal)

Legal Issues

  1. 1 Whether the RPD credibility finding was reasonable
  2. 2 Whether the RPD ignored or failed to consider relevant evidence
  3. 3 Whether RAD must conduct independent assessment of minor appellant's claim

Ratio Decidendi

RAD conducted an independent assessment and found no admissible new evidence; it deferred to RPD credibility findings where the RPD had advantage, concluded the psychological report and documentary letters/pictures lacked probative value, found the principal failed to establish sexual identity and risk on balance of probabilities, and found the minor (a Jamaican citizen) not in need of protection; therefore the RPD decision was confirmed and the appeal dismissed.

Court Disposition

Appeal dismissed; decision of the Refugee Protection Division confirmed

Orders

  • Decision of the Refugee Protection Division confirmed
  • Appeal dismissed