MB8-10704

MB8-10704

The RAD confirmed the RPD because the principal appellant's multiple significant omissions and contradictions concerning core facts fatally undermined her credibility, no new documentary evidence warranted a hearing under s.110(6) IRPA, and the record contains no basis to find the minor at risk; therefore the RPD decision to deny refugee protection is upheld.

Citation
MB8-10704
Parties
Appellant (principal): XXXX XXXX XXXX; Appellant (minor): XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
15 April 2019
Procedural Posture
Immigration/refugee Appeal (rad) / Decision on Appeal — Refugee Appeal Division Decision
Outcome
Appeal dismissed; RPD determination confirmed
Legal Topics
Credibility Assessment, Convention Refugee Status, Person in Need of Protection, Hearing Under S.110(6) IRPA, Standard of Review, Particular Social Group (women)
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Assessment Convention Refugee Status Person in Need of Protection Hearing Under S.110(6) IRPA Standard of Review +1 more

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Parties

XXXX XXXX XXXX

Appellant (principal)

XXXX XXXX

Appellant (minor)

Procedural Posture

Immigration/refugee Appeal (rad) / Decision on Appeal — Refugee Appeal Division Decision

Legal Issues

  1. 1 Whether the RPD erred in its credibility assessment of the principal appellant
  2. 2 Whether a hearing should be held under s.110(6) IRPA in absence of new evidence
  3. 3 Whether appellants qualify as Convention refugees under s.96 IRPA or persons in need of protection under s.97 IRPA

Ratio Decidendi

The RAD confirmed the RPD because the principal appellant's multiple significant omissions and contradictions concerning core facts fatally undermined her credibility, no new documentary evidence warranted a hearing under s.110(6) IRPA, and the record contains no basis to find the minor at risk; therefore the RPD decision to deny refugee protection is upheld.

Court Disposition

Appeal dismissed; RPD determination confirmed

Orders

  • The determination of the Refugee Protection Division is confirmed that appellants are neither Convention refugees under s.96 IRPA nor persons in need of protection under s.97 IRPA
  • The appeal is dismissed