TC1-04958

TC1-04958

The appeal is dismissed because the Appellants failed to establish that the proposed new evidence (Associate's narrative and photographs) met the statutory tests for admissibility, admitted new interpreter affidavit did not alter central issues, and material, unexplained inconsistencies in the Principal Appellant's sworn narrative and testimony rebut the presumption of truth and justify adverse credibility findings; the hijab-based risk was not raised before the RPD and cannot be introduced on appeal, and accordingly the RPD's decision that the Appellants are neither Convention refugees nor persons in need of protection is confirmed.

Citation
TC1-04958
Parties
Principal Appellant: XXXX XXXX XXXX; Associate Appellant: XXXX XXXX; Minor Male Appellant: XXXX XXXX XXXX XXXX; Minor Female Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
23 November 2021
Procedural Posture
Refugee Protection Appeal / Decision on Appeal by Refugee Appeal Division (rad)
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Credibility Assessment, New Evidence Admissibility, Best Interests of the Child, Standard of Review, Oral Hearing Under S.110(6) IRPA, Adverse Inference
Source Language
English
Immigration Refugee Law Administrative Law Credibility Assessment New Evidence Admissibility Best Interests of the Child Standard of Review Oral Hearing Under S.110(6) IRPA +1 more

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX

Associate Appellant

XXXX XXXX XXXX XXXX

Minor Male Appellant

XXXX XXXX XXXX

Minor Female Appellant

Procedural Posture

Refugee Protection Appeal / Decision on Appeal by Refugee Appeal Division (rad)

Legal Issues

  1. 1 Whether the Associate Appellant's narrative and photographs constitute admissible new evidence under subsection 110(4) IRPA
  2. 2 Whether interpreter affidavit constitutes admissible new evidence
  3. 3 Whether the RPD erred in credibility findings regarding alleged abduction, blindfold and detention length

Ratio Decidendi

The appeal is dismissed because the Appellants failed to establish that the proposed new evidence (Associate's narrative and photographs) met the statutory tests for admissibility, admitted new interpreter affidavit did not alter central issues, and material, unexplained inconsistencies in the Principal Appellant's sworn narrative and testimony rebut the presumption of truth and justify adverse credibility findings; the hijab-based risk was not raised before the RPD and cannot be introduced on appeal, and accordingly the RPD's decision that the Appellants are neither Convention refugees nor persons in need of protection is confirmed.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed and RPD decision confirmed pursuant to paragraph 111(1)(a) IRPA
  • Associate Appellant's narrative and photographs not admitted as new evidence