TB9-06103

TB9-06103

The RAD confirmed the RPD's adverse credibility findings and dismissed the appeal because the Appellants failed to establish, on a balance of probabilities, material elements of their refugee claims (perceived sexual orientation, risk of ritual sacrifice, risk of forced female circumcision and nexus to a Convention ground); the new evidence did not meet section 110(4) and was not accepted; consequently no s.110(6) hearing was granted.

Citation
TB9-06103
Parties
Principal Appellant: XXXX XXXX XXXX; Spouse: XXXX XXXX XXXX; Minor Child: XXXX XXXX XXXX; Counsel for the Persons Who Are the Subject of the Appeal: Josephat Nwabuokei; Designated Representative: XXXX XXXX XXXX; Counsel for the Minister: N/A
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
31 January 2020
Procedural Posture
Refugee Protection Appeal Under the Immigration and Refugee Protection Act / Decision on Appeal by Refugee Appeal Division Confirming RPD Decision
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Credibility Assessment, Admissibility of New Evidence S.110(4), Hearing Request S.110(6), Convention Refugee Nexus, Gender Based Persecution, Female Genital Mutilation, Psychological Evidence, Benefit of the Doubt, Procedural Fairness, Documentary Corroboration
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Assessment Admissibility of New Evidence S.110(4) Hearing Request S.110(6) Convention Refugee Nexus Gender Based Persecution +5 more

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Spouse

XXXX XXXX XXXX

Minor Child

Josephat Nwabuokei

Counsel for the Persons Who Are the Subject of the Appeal

XXXX XXXX XXXX

Designated Representative

N/A

Counsel for the Minister

Procedural Posture

Refugee Protection Appeal Under the Immigration and Refugee Protection Act / Decision on Appeal by Refugee Appeal Division Confirming RPD Decision

Legal Issues

  1. 1 Whether new evidence meets threshold of section 110(4) IRPA
  2. 2 Whether the RAD should grant an oral hearing under section 110(6) IRPA
  3. 3 Whether the RPD's adverse credibility findings were justified

Ratio Decidendi

The RAD confirmed the RPD's adverse credibility findings and dismissed the appeal because the Appellants failed to establish, on a balance of probabilities, material elements of their refugee claims (perceived sexual orientation, risk of ritual sacrifice, risk of forced female circumcision and nexus to a Convention ground); the new evidence did not meet section 110(4) and was not accepted; consequently no s.110(6) hearing was granted.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • New evidence refused under section 110(4) IRPA
  • Oral hearing under section 110(6) IRPA denied