MB9-12337

MB9-12337

The appeals are dismissed because the Principal Appellant's testimony was found non-credible on central points (academic teaching, knowledge of the Green Book, dates of study and claimed activism); there was no new evidence under s.110(4) to warrant an oral hearing or to overturn the RPD's credibility findings, and the dependent family claims therefore fail.

Citation
MB9-12337
Parties
Principal Appellant: Principal Appellant (name redacted); Spousal Appellant: Spousal Appellant (name redacted); First Minor Appellant: First Minor Appellant (name redacted); Second Minor Appellant: Second Minor Appellant (name redacted); Third Minor Appellant: Third Minor Appellant (name redacted)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
28 November 2019
Procedural Posture
Refugee Protection Appeal to Refugee Appeal Division / Decision on Appeal (reasons for Decision)
Outcome
Appeals dismissed; decision of the Refugee Protection Division confirmed
Legal Topics
Credibility Assessment, New Evidence Under S.110(4) IRPA, Derivative Claims, Imputed Political Opinion, Standard for Confirming RPD Decisions Under S.111(1)(a) IRPA
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Assessment New Evidence Under S.110(4) IRPA Derivative Claims Imputed Political Opinion Standard for Confirming RPD Decisions Under S.111(1)(a) IRPA

Case Brief

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Parties

Principal Appellant (name redacted)

Principal Appellant

Spousal Appellant (name redacted)

Spousal Appellant

First Minor Appellant (name redacted)

First Minor Appellant

Second Minor Appellant (name redacted)

Second Minor Appellant

Third Minor Appellant (name redacted)

Third Minor Appellant

Procedural Posture

Refugee Protection Appeal to Refugee Appeal Division / Decision on Appeal (reasons for Decision)

Legal Issues

  1. 1 Whether the Refugee Protection Division erred in adverse credibility findings regarding the Principal Appellant
  2. 2 Whether the RPD failed to properly consider documentary evidence (academic letter)
  3. 3 Whether an oral hearing was required due to new evidence under s.110(4) IRPA

Ratio Decidendi

The appeals are dismissed because the Principal Appellant's testimony was found non-credible on central points (academic teaching, knowledge of the Green Book, dates of study and claimed activism); there was no new evidence under s.110(4) to warrant an oral hearing or to overturn the RPD's credibility findings, and the dependent family claims therefore fail.

Court Disposition

Appeals dismissed; decision of the Refugee Protection Division confirmed

Orders

  • Appeals dismissed
  • Decision of the Refugee Protection Division confirmed pursuant to s.111(1)(a) of the Immigration and Refugee Protection Act