MC0-10312

MC0-10312

The RAD upheld the RPD's factual and credibility findings and refused admission of most new evidence; the admissible new evidence did not raise serious credibility issues or indicate a personal risk on return; documentary contradictions and the fact appellants obtained official documents and left Algeria legally rebut the claim they would be persecuted; therefore on balance of probabilities appellants would not face persecution, torture or cruel treatment and the appeal is dismissed.

Citation
MC0-10312
Parties
Male Appellant: XXXX XXXX XXXX; Female Appellant: XXXX XXXX; Minor Son: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
2 March 2021
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Decision on Appeal (reasons and Decision)
Outcome
Appeal dismissed; RPD decision confirmed; appellants are neither Convention refugees nor persons in need of protection.
Legal Topics
Credibility Assessment, Admission of New Evidence Under S.110(4) IRPA, Prospective Risk (s.97 Irpa), Oral Hearing Under S.110(6) IRPA, Documentary Reliability
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Assessment Admission of New Evidence Under S.110(4) IRPA Prospective Risk (s.97 Irpa) Oral Hearing Under S.110(6) IRPA Documentary Reliability

Case Brief

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Parties

XXXX XXXX XXXX

Male Appellant

XXXX XXXX

Female Appellant

XXXX XXXX XXXX

Minor Son

Procedural Posture

Refugee Appeal (refugee Appeal Division) / Decision on Appeal (reasons and Decision)

Legal Issues

  1. 1 Whether the RPD erred in its credibility assessment of the appellants
  2. 2 Whether the RAD should admit the new evidence under subsection 110(4) IRPA and related case law
  3. 3 Whether the appellants face a prospective risk of persecution, torture or other serious harm upon return to Algeria

Ratio Decidendi

The RAD upheld the RPD's factual and credibility findings and refused admission of most new evidence; the admissible new evidence did not raise serious credibility issues or indicate a personal risk on return; documentary contradictions and the fact appellants obtained official documents and left Algeria legally rebut the claim they would be persecuted; therefore on balance of probabilities appellants would not face persecution, torture or cruel treatment and the appeal is dismissed.

Court Disposition

Appeal dismissed; RPD decision confirmed; appellants are neither Convention refugees nor persons in need of protection.

Orders

  • Appeal dismissed and RPD determination confirmed
  • Request for oral hearing denied