MC2-08340

MC2-08340

The appeal is dismissed because the RAD found no error in the RPD's credibility findings: the appellants' case contained multiple material contradictions and omissions (dates, witnessing massacres, identities of perpetrators, timing and source of threats, communications and death of JC) that were not satisfactorily explained and the purported new evidence was not admissible or not material, so the presumption of truthfulness was rebutted and the RPD properly rejected the refugee claim.

Citation
MC2-08340
Parties
Male Appellant: XXXX XXXX XXXX; Female Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
23 March 2023
Procedural Posture
Refugee Protection Appeal / Appeal to Refugee Appeal Division (rad)
Outcome
appeal dismissed; RPD decision confirmed
Legal Topics
Credibility Assessment, Admissibility of New Evidence, Standard of Review, Presumption of Truthfulness
Source Language
English
Immigration Refugee Law Administrative Law Credibility Assessment Admissibility of New Evidence Standard of Review Presumption of Truthfulness

Case Brief

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Parties

XXXX XXXX XXXX

Male Appellant

XXXX XXXX XXXX

Female Appellant

Procedural Posture

Refugee Protection Appeal / Appeal to Refugee Appeal Division (rad)

Legal Issues

  1. 1 whether the RPD erred in its credibility assessment of the appellants
  2. 2 whether new evidence (affidavit and medical record) is admissible under s.110(4) IRPA and Raza/Singh criteria
  3. 3 whether the presumption of truthfulness applied or was rebutted

Ratio Decidendi

The appeal is dismissed because the RAD found no error in the RPD's credibility findings: the appellants' case contained multiple material contradictions and omissions (dates, witnessing massacres, identities of perpetrators, timing and source of threats, communications and death of JC) that were not satisfactorily explained and the purported new evidence was not admissible or not material, so the presumption of truthfulness was rebutted and the RPD properly rejected the refugee claim.

Court Disposition

appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed
  • RPD determination that the appellants are not Convention refugees or persons in need of protection is confirmed pursuant to paragraph 111(1)(a) of the IRPA