TC1-21948

TC1-21948

Although the Principal Appellant was found credible and the father's letter was admitted as new evidence, the appellants failed to establish an objective, forward‑looking serious possibility of persecution; therefore the RAD confirms the RPD's finding that the appellants are neither Convention refugees nor persons in need of protection and dismisses the appeals.

Citation
TC1-21948
Parties
Principal Appellant: XXXX XXXX XXXX; Minor Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
19 April 2022
Procedural Posture
Refugee Protection Appeal (rad Review of RPD Decision) / Decision on Appeal (reasons for Decision)
Outcome
Appeals dismissed; RPD decision confirmed pursuant to IRPA s.111(1)(a).
Legal Topics
Credibility Findings, Admissibility of New Evidence, Gender Based Violence, Forward‑looking Risk, Oral Hearing Request
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Findings Admissibility of New Evidence Gender Based Violence Forward‑looking Risk Oral Hearing Request

Case Brief

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Minor Appellant

Procedural Posture

Refugee Protection Appeal (rad Review of RPD Decision) / Decision on Appeal (reasons for Decision)

Legal Issues

  1. 1 Whether the RPD erred in adverse credibility findings
  2. 2 Whether new evidence meets IRPA s.110(4) and should be admitted
  3. 3 Whether an oral RAD hearing is warranted under IRPA s.110(6)

Ratio Decidendi

Although the Principal Appellant was found credible and the father's letter was admitted as new evidence, the appellants failed to establish an objective, forward‑looking serious possibility of persecution; therefore the RAD confirms the RPD's finding that the appellants are neither Convention refugees nor persons in need of protection and dismisses the appeals.

Court Disposition

Appeals dismissed; RPD decision confirmed pursuant to IRPA s.111(1)(a).

Orders

  • Appeals dismissed.
  • RPD decision that the Appellants are neither Convention refugees nor persons in need of protection is confirmed pursuant to IRPA s.111(1)(a).