MC0-10647

MC0-10647

The appeal is dismissed because the Refugee Protection Division correctly found the appellants' allegations not credible on a balance of probabilities; the new documentary article was admissible but did not raise a serious credibility issue sufficient to require an oral hearing or overturn the RPD's negative credibility findings, and therefore appellants are neither Convention refugees nor persons in need of protection.

Citation
MC0-10647
Parties
Female Appellant: XXXX XXXX XXXX; Male Appellant: XXXX XXXX XXXX XXXX; Minor Associate Appellant: XXXX XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
19 February 2021
Procedural Posture
Refugee Protection Appeal / Decision on Appeal to Refugee Appeal Division
Outcome
Appeal dismissed; Refugee Protection Division decision confirmed
Legal Topics
Credibility Assessment, New Evidence Admissibility, Oral Hearing Request, Designation of Principal Claimant, Nexus to Convention Refugee Grounds, Risk of Torture and Persecution, State Protection and Corruption
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Assessment New Evidence Admissibility Oral Hearing Request Designation of Principal Claimant Nexus to Convention Refugee Grounds +2 more

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Parties

XXXX XXXX XXXX

Female Appellant

XXXX XXXX XXXX XXXX

Male Appellant

XXXX XXXX XXXX XXXX

Minor Associate Appellant

Procedural Posture

Refugee Protection Appeal / Decision on Appeal to Refugee Appeal Division

Legal Issues

  1. 1 Whether the RPD erred in assessing credibility of appellants' allegations
  2. 2 Whether new evidence meets subsection 110(4) IRPA and Singh/Raza criteria and raises a serious credibility issue under subsection 110(6) IRPA
  3. 3 Whether appellants established nexus to a Convention ground or risk of torture/cruel treatment

Ratio Decidendi

The appeal is dismissed because the Refugee Protection Division correctly found the appellants' allegations not credible on a balance of probabilities; the new documentary article was admissible but did not raise a serious credibility issue sufficient to require an oral hearing or overturn the RPD's negative credibility findings, and therefore appellants are neither Convention refugees nor persons in need of protection.

Court Disposition

Appeal dismissed; Refugee Protection Division decision confirmed

Orders

  • Appeal dismissed
  • Refugee Protection Division decision confirmed