TB8-14712

TB8-14712

The RAD denied admission of the purported new verification certificate for failing the statutory new‑evidence test, refused an oral hearing, and on de novo review upheld the RPD's credibility findings—drawing negative inferences from material inconsistencies and contrived evidence timing—and concluded the Appellants do not meet the profile for persons at risk in Pakistan; accordingly the RPD decision dismissing the refugee claims was confirmed.

Citation
TB8-14712
Parties
Principal Appellant: XXXX XXXX (principal Appellant); Child Appellant: XXXX XXXX; Child Appellant: XXXX XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
18 March 2019
Procedural Posture
Refugee Appeal (rad) / Decision on Appeal (dismissal)
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Credibility Assessment, Admissibility of New Evidence, Generalized Risk, Convention Refugee Determination, Person in Need of Protection, Standard of Review
Source Language
English
Immigration Law Refugee Law Administrative Law Evidence Law Credibility Assessment Admissibility of New Evidence Generalized Risk Convention Refugee Determination +2 more

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Parties

XXXX XXXX (principal Appellant)

Principal Appellant

XXXX XXXX

Child Appellant

XXXX XXXX XXXX XXXX

Child Appellant

Procedural Posture

Refugee Appeal (rad) / Decision on Appeal (dismissal)

Legal Issues

  1. 1 Whether verification certificate is admissible as new evidence
  2. 2 Whether an oral hearing should be granted
  3. 3 Whether the RPD erred in credibility findings regarding a 2016 shooting

Ratio Decidendi

The RAD denied admission of the purported new verification certificate for failing the statutory new‑evidence test, refused an oral hearing, and on de novo review upheld the RPD's credibility findings—drawing negative inferences from material inconsistencies and contrived evidence timing—and concluded the Appellants do not meet the profile for persons at risk in Pakistan; accordingly the RPD decision dismissing the refugee claims was confirmed.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Verification Certificate inadmissible as new evidence
  • Request for an oral hearing denied