MB7-05460

MB7-05460

The RAD confirms the RPD decision because the appellants' credibility was destroyed by an accumulation of contradictions, adjustments and false representations, and by behaviour inconsistent with a genuine fear (repeated returns to Colombia and failure to seek asylum abroad); no new documentary evidence was submitted to justify a RAD hearing under s.110(6); the minor children made no claim of fear regarding return to Spain, therefore the appeals are dismissed.

Citation
MB7-05460
Parties
Female Appellant: XXXX XXXX XXXX XXXX; Male Appellant: XXXX XXXX XXXX XXXX; Minor Child (appellant): XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
4 May 2019
Procedural Posture
Refugee Appeal Division Appeal From Refugee Protection Division Decision / Decision With Reasons (appeal Heard; RAD Review Concluded)
Outcome
Appeals dismissed; RAD confirms RPD decision
Legal Topics
Credibility Assessment, Refugee Protection Claim, Request for RAD Hearing Under S.110(6), Consolidation of Claims, Procedural Fairness
Source Language
English
Immigration Refugee Law Administrative Law Credibility Assessment Refugee Protection Claim Request for RAD Hearing Under S.110(6) Consolidation of Claims Procedural Fairness

Case Brief

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Parties

XXXX XXXX XXXX XXXX

Female Appellant

XXXX XXXX XXXX XXXX

Male Appellant

XXXX XXXX XXXX

Minor Child (appellant)

Procedural Posture

Refugee Appeal Division Appeal From Refugee Protection Division Decision / Decision With Reasons (appeal Heard; RAD Review Concluded)

Legal Issues

  1. 1 Whether the RAD should grant a hearing under s.110(6) due to new evidence or need to reassess credibility
  2. 2 Whether the RPD erred in finding the appellants not credible
  3. 3 Whether consolidation of claims prejudiced the female appellant

Ratio Decidendi

The RAD confirms the RPD decision because the appellants' credibility was destroyed by an accumulation of contradictions, adjustments and false representations, and by behaviour inconsistent with a genuine fear (repeated returns to Colombia and failure to seek asylum abroad); no new documentary evidence was submitted to justify a RAD hearing under s.110(6); the minor children made no claim of fear regarding return to Spain, therefore the appeals are dismissed.

Court Disposition

Appeals dismissed; RAD confirms RPD decision

Orders

  • Appeals dismissed
  • RAD confirms RPD decision dated May 10, 2017