TB9-24667

TB9-24667

The Appellant's testimony contained significant and evolving inconsistencies with his written narratives, the flash drive contained two near‑identical staged videos undermining the video evidence, supporting affidavits had signature discrepancies, and the psychological and affidavit evidence (all self‑reported) did not cure credibility defects; therefore, on a balance of probabilities the Appellant is neither a Convention refugee nor a person in need of protection and the appeal is dismissed.

Citation
TB9-24667
Parties
Appellant / Person in Cause: XXXX XXXX XXXX; Respondent / Minister: Minister of Citizenship and Immigration
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
9 November 2020
Procedural Posture
Refugee Appeal (rad Review of RPD Decision) / Decision on Appeal (dismissed)
Outcome
Appeal dismissed; decision of the Refugee Protection Division confirmed
Legal Topics
Credibility Assessment, Admissibility of New Evidence, Corroborative Evidence, Psychological Assessment Evidence, Fraudulent Documents and Evidentiary Weight, Convention Refugee Determination, Person in Need of Protection, Procedural Fairness
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Assessment Admissibility of New Evidence Corroborative Evidence Psychological Assessment Evidence Fraudulent Documents and Evidentiary Weight +3 more

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Parties

XXXX XXXX XXXX

Appellant / Person in Cause

Minister of Citizenship and Immigration

Respondent / Minister

Procedural Posture

Refugee Appeal (rad Review of RPD Decision) / Decision on Appeal (dismissed)

Legal Issues

  1. 1 Whether new evidence (affidavit and psychological report) should be admitted and whether it raises a serious issue of credibility warranting an oral hearing
  2. 2 Whether the Appellant's testimony and supporting documentary evidence (video, affidavits, pastor's letter) are credible
  3. 3 Whether corroborative evidence outweighs credibility concerns and establishes Convention refugee or protection status

Ratio Decidendi

The Appellant's testimony contained significant and evolving inconsistencies with his written narratives, the flash drive contained two near‑identical staged videos undermining the video evidence, supporting affidavits had signature discrepancies, and the psychological and affidavit evidence (all self‑reported) did not cure credibility defects; therefore, on a balance of probabilities the Appellant is neither a Convention refugee nor a person in need of protection and the appeal is dismissed.

Court Disposition

Appeal dismissed; decision of the Refugee Protection Division confirmed

Orders

  • Appeal dismissed
  • RPD decision of August 27, 2019 confirmed