TC2-04596

TC2-04596

The appeal is dismissed because the RAD concluded the RPD's adverse credibility findings were reasonable: material inconsistencies between testimony and documentary evidence, lack of corroboration for central allegations (business ownership, loan, fire, threats), failure to provide or explain absence of documents to the RPD, and inadmissibility of the proffered new evidence; consequently the appellants failed to prove on a balance of probabilities that they are Convention refugees or persons in need of protection and no oral hearing was warranted.

Citation
TC2-04596
Parties
Principal Appellant: XXXX XXXX; Associate Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
21 November 2022
Procedural Posture
Refugee Protection Appeal / RAD Decision
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Credibility Assessment, Admission of New Evidence, Corroboration Requirements, Oral Hearing (s.110(6) Irpa)
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Assessment Admission of New Evidence Corroboration Requirements Oral Hearing (s.110(6) Irpa)

Case Brief

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX

Associate Appellant

Procedural Posture

Refugee Protection Appeal / RAD Decision

Legal Issues

  1. 1 Whether the RPD erred in its credibility analysis
  2. 2 Whether new evidence presented on appeal should be admitted
  3. 3 Whether an oral hearing before the RAD was required

Ratio Decidendi

The appeal is dismissed because the RAD concluded the RPD's adverse credibility findings were reasonable: material inconsistencies between testimony and documentary evidence, lack of corroboration for central allegations (business ownership, loan, fire, threats), failure to provide or explain absence of documents to the RPD, and inadmissibility of the proffered new evidence; consequently the appellants failed to prove on a balance of probabilities that they are Convention refugees or persons in need of protection and no oral hearing was warranted.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed and RPD decision confirmed