TB8-11318

TB8-11318

RAD independently reviewed the record and upheld the RPD's core credibility findings — material omission between U.S. and Canadian asylum claims, absence of credible fear notes without explanation, implausible account of entry into Canada, unexplained abandonment of the U.S. claim, and a police report found to be fraudulent — and rejected the new evidence as not meeting s.110(4); cumulatively the credibility findings defeated the determinative elements of the claim so the appellants failed to establish refugee status or need for protection on a balance of probabilities.

Citation
TB8-11318
Parties
Principal Appellant: XXXX XXXX XXXX; Female Appellant: XXXX XXXX XXXX; Minor Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
16 October 2019
Procedural Posture
Refugee Protection Appeal (rad Review of RPD Decision) / Decision on Appeal (reasons for Decision)
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Credibility Assessment, Admissibility of New Evidence (s.110(4) Irpa), Fraudulent Documentary Evidence, Abandonment of Foreign Asylum Claim, Standard of Review, Weight of Corroborative Documents
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Assessment Admissibility of New Evidence (s.110(4) Irpa) Fraudulent Documentary Evidence Abandonment of Foreign Asylum Claim Standard of Review +1 more

Case Brief

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Female Appellant

XXXX XXXX XXXX

Minor Appellant

Procedural Posture

Refugee Protection Appeal (rad Review of RPD Decision) / Decision on Appeal (reasons for Decision)

Legal Issues

  1. 1 Whether new evidence met the narrow statutory threshold of s.110(4) IRPA and jurisprudential requirements
  2. 2 Whether key credibility findings of the RPD were reasonable and determinative
  3. 3 Whether the Nigerian police report and accompanying legal opinion were authentic and reliable

Ratio Decidendi

RAD independently reviewed the record and upheld the RPD's core credibility findings — material omission between U.S. and Canadian asylum claims, absence of credible fear notes without explanation, implausible account of entry into Canada, unexplained abandonment of the U.S. claim, and a police report found to be fraudulent — and rejected the new evidence as not meeting s.110(4); cumulatively the credibility findings defeated the determinative elements of the claim so the appellants failed to establish refugee status or need for protection on a balance of probabilities.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Dismissal of appeal and confirmation of RPD decision pursuant to s.111(1)(a) IRPA
  • New evidence excluded under s.110(4) IRPA and not admitted to the record