TB9-14908

TB9-14908

The appeal is dismissed because the determinative issue is the Principal Appellant's lack of credibility: multiple material inconsistencies, implausible explanations (possession of passports, sale of car, failure to seek asylum in the USA/Europe, discrepancies in children's surnames and travel consent), and insufficiently persuasive new evidence; therefore the RPD's decision denying Convention refugee status and protection is confirmed under s.111(1)(a) IRPA.

Citation
TB9-14908
Parties
Principal Appellant: XXXX XXXX XXXX; Minor Associate Appellant (age 15): XXXX XXXX XXXX XXXX; Minor Associate Appellant (age 3): XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
24 January 2020
Procedural Posture
Refugee Protection Appeal / Decision of the Refugee Appeal Division (rad) Confirming RPD Decision
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Credibility Assessment, State Protection, New Evidence Admissibility, Forced Marriage, Child Marriage, Failure to Seek Protection in Third Country
Source Language
English
Immigration Refugee Law Family Law Administrative Law Credibility Assessment State Protection New Evidence Admissibility Forced Marriage +2 more

Case Brief

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX XXXX

Minor Associate Appellant (age 15)

XXXX XXXX XXXX

Minor Associate Appellant (age 3)

Procedural Posture

Refugee Protection Appeal / Decision of the Refugee Appeal Division (rad) Confirming RPD Decision

Legal Issues

  1. 1 Whether the Principal Appellant's and minors' claims were credible
  2. 2 Whether new evidence met s.110(4) IRPA and Raza/Singh factors
  3. 3 Whether the appellants rebutted the presumption of adequate state protection

Ratio Decidendi

The appeal is dismissed because the determinative issue is the Principal Appellant's lack of credibility: multiple material inconsistencies, implausible explanations (possession of passports, sale of car, failure to seek asylum in the USA/Europe, discrepancies in children's surnames and travel consent), and insufficiently persuasive new evidence; therefore the RPD's decision denying Convention refugee status and protection is confirmed under s.111(1)(a) IRPA.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed
  • Decision of the Refugee Protection Division confirmed