TB9-21509

TB9-21509

The RAD dismissed the appeal because on independent review the appellants were not credible on a balance of probabilities, they failed to establish nexus to a Convention ground, the evidence (including the news article) lacked probative value, no new evidence was presented to justify an oral hearing, and therefore the RPD's denial under s.97 and s.96 was correct.

Citation
TB9-21509
Parties
Principal Appellant: XXXX XXXX XXXX; Second Appellant: XXXX XXXX XXXX; Minor Appellant: XXXX XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
12 December 2019
Procedural Posture
Refugee Protection Appeal / Decision on Appeal (rad Dismissal)
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Credibility Assessment, Nexus to Convention Grounds, IRPA Section 97 (person in Need of Protection), IRPA Section 96 (convention Refugee), Oral Hearing Jurisdiction, Standard of Review
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Assessment Nexus to Convention Grounds IRPA Section 97 (person in Need of Protection) IRPA Section 96 (convention Refugee) Oral Hearing Jurisdiction +1 more

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Second Appellant

XXXX XXXX XXXX

Minor Appellant

Minister

Respondent

Procedural Posture

Refugee Protection Appeal / Decision on Appeal (rad Dismissal)

Legal Issues

  1. 1 Whether the RPD erred in credibility findings
  2. 2 Whether there is nexus to a Convention ground
  3. 3 Whether appellants meet the higher balance of probabilities standard under s.97

Ratio Decidendi

The RAD dismissed the appeal because on independent review the appellants were not credible on a balance of probabilities, they failed to establish nexus to a Convention ground, the evidence (including the news article) lacked probative value, no new evidence was presented to justify an oral hearing, and therefore the RPD's denial under s.97 and s.96 was correct.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed pursuant to paragraph 111(1)(a) of the IRPA
  • No oral hearing granted (no new evidence under s.110(4))