TC0-12198

TC0-12198

Although the RPD erred in parts of its credibility impugning, the RAD independently assessed the totality of evidence, accepted limited new evidence, declined an oral hearing, and concluded on a balance of probabilities that the appellants failed to establish a serious possibility of persecution or need for protection; therefore the appeal is dismissed and the RPD decision is confirmed.

Citation
TC0-12198
Parties
Principal Appellant: XXXX XXXX XXXX XXXX; Associate Appellant (adult): XXXX XXXX XXXX XXXX XXXX; Associate Appellant (minor Male): XXXX XXXX XXXX XXXX XXXX; Associate Appellant (minor Female): XXXX XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
25 March 2021
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Decision (dismissed)
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Credibility Assessment, Admission of New Evidence, Risk of Persecution, Sur Place Activity, Oral Hearing Discretion, Family Membership Risk, Social Media Evidence
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Assessment Admission of New Evidence Risk of Persecution Sur Place Activity Oral Hearing Discretion +2 more

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Parties

XXXX XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX XXXX XXXX

Associate Appellant (adult)

XXXX XXXX XXXX XXXX XXXX

Associate Appellant (minor Male)

XXXX XXXX XXXX XXXX

Associate Appellant (minor Female)

Procedural Posture

Refugee Appeal (refugee Appeal Division) / Decision (dismissed)

Legal Issues

  1. 1 Whether new evidence meets subsection 110(4) IRPA requirements and Singh/Raza test
  2. 2 Whether RPD erred in its credibility findings
  3. 3 Whether appellants face a forward‑looking serious possibility of persecution

Ratio Decidendi

Although the RPD erred in parts of its credibility impugning, the RAD independently assessed the totality of evidence, accepted limited new evidence, declined an oral hearing, and concluded on a balance of probabilities that the appellants failed to establish a serious possibility of persecution or need for protection; therefore the appeal is dismissed and the RPD decision is confirmed.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed and decision of the Refugee Protection Division confirmed