MC1-07665

MC1-07665

Although the RPD erred in key credibility findings, the determinative question is forward‑looking risk; the new evidence was inadmissible on credibility grounds and the appellants failed to show past physical harm or a serious possibility of future physical harm or systemic psychological harm that would amount to persecution under s.96 or s.97, therefore the appeal is dismissed and the RPD decision is confirmed.

Citation
MC1-07665
Parties
Principal Appellant: XXXX XXXX; Appellant (minor): XXXX XXXX XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
31 July 2023
Procedural Posture
Refugee Protection Appeal / Redetermination / Redetermination of Appeal Following Federal Court Remittal for Procedural Fairness Breach
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Credibility, Procedural Fairness, Admissibility of New Evidence, Risk Assessment, Convention Refugee, Person in Need of Protection
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Procedural Fairness Admissibility of New Evidence Risk Assessment Convention Refugee +1 more

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX XXXX XXXX

Appellant (minor)

Minister

Respondent

Procedural Posture

Refugee Protection Appeal / Redetermination / Redetermination of Appeal Following Federal Court Remittal for Procedural Fairness Breach

Legal Issues

  1. 1 Whether new evidence filed after the RPD decision met the threshold in IRPA s.110(4) and was admissible
  2. 2 Whether the RPD's negative credibility findings were reasonable and determinative
  3. 3 Whether appellants face a forward-looking risk of persecution or serious harm on return to Ghana

Ratio Decidendi

Although the RPD erred in key credibility findings, the determinative question is forward‑looking risk; the new evidence was inadmissible on credibility grounds and the appellants failed to show past physical harm or a serious possibility of future physical harm or systemic psychological harm that would amount to persecution under s.96 or s.97, therefore the appeal is dismissed and the RPD decision is confirmed.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed
  • Refugee Protection Division decision of September 9, 2021 confirmed