VB9-05581

VB9-05581

Although appellants established procedural unfairness due to ineffective former counsel and some new evidence was admitted, the Tribunal conducted an independent credibility assessment and found the Principal Appellant's sworn evidence rebutted by fabrications and material inconsistencies (fabricated transcripts and warrant, unexplained address discrepancy, delay in departure, ability to exit Egypt), and insufficient evidence that the Associate Appellant would be persecuted as a woman; therefore the appeal is dismissed and the RPD decision confirmed.

Citation
VB9-05581
Parties
Principal Appellant: XXXX XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
5 January 2021
Procedural Posture
Refugee Appeal / Decision on Appeal
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Credibility Assessment, Procedural Fairness, New Evidence Admissibility, Ineffective Assistance of Counsel, Convention Refugee Determination, Risk on Return, Particular Social Group (women)
Source Language
English
Immigration Refugee Law Administrative Law Credibility Assessment Procedural Fairness New Evidence Admissibility Ineffective Assistance of Counsel Convention Refugee Determination +2 more

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Parties

XXXX XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX XXXX

Associate Appellant

Procedural Posture

Refugee Appeal / Decision on Appeal

Legal Issues

  1. 1 Whether appellants were denied procedural fairness by former counsel
  2. 2 Whether new evidence meets s.110(4) IRPA and the Raza factors for acceptance
  3. 3 Whether a translation error undermines the RPD credibility findings

Ratio Decidendi

Although appellants established procedural unfairness due to ineffective former counsel and some new evidence was admitted, the Tribunal conducted an independent credibility assessment and found the Principal Appellant's sworn evidence rebutted by fabrications and material inconsistencies (fabricated transcripts and warrant, unexplained address discrepancy, delay in departure, ability to exit Egypt), and insufficient evidence that the Associate Appellant would be persecuted as a woman; therefore the appeal is dismissed and the RPD decision confirmed.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed; Appellants are neither Convention refugees nor persons in need of protection