MB9-09298

MB9-09298

The appeal is dismissed because the newly filed affidavits were inadmissible, the accumulated contradictions, inconsistencies and significant omissions in the appellants' oral testimony and documentary evidence justified the RPD's adverse credibility findings, the psychotherapist's report did not reasonably explain or cure those credibility defects, and consequently the appellants failed on a balance of probabilities to establish Convention refugee status or a need for protection.

Citation
MB9-09298
Parties
Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
23 January 2020
Procedural Posture
Refugee Protection Claim Appeal to Refugee Appeal Division / Final Decision on Appeal (reasons and Decision)
Outcome
Appeal dismissed; decision of the Refugee Protection Division confirmed
Legal Topics
Credibility Assessment, Admissibility of New Evidence, Refugee Status Determination, Standard of Review, Psychological Report Weight, Claims of Minors
Source Language
English
Immigration and Refugee Law Administrative Law Evidence Law Credibility Assessment Admissibility of New Evidence Refugee Status Determination Standard of Review Psychological Report Weight +1 more

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Parties

Minister

Respondent

Procedural Posture

Refugee Protection Claim Appeal to Refugee Appeal Division / Final Decision on Appeal (reasons and Decision)

Legal Issues

  1. 1 Whether three affidavits filed after the RPD decision are admissible on appeal under s.110(4) IRPA and related jurisprudence
  2. 2 Whether the RPD erred in its credibility findings regarding why the Principal Appellant was nominated as Chief Priest
  3. 3 Whether the psychotherapist's report should have been given weight and whether it explains testimonial inconsistencies

Ratio Decidendi

The appeal is dismissed because the newly filed affidavits were inadmissible, the accumulated contradictions, inconsistencies and significant omissions in the appellants' oral testimony and documentary evidence justified the RPD's adverse credibility findings, the psychotherapist's report did not reasonably explain or cure those credibility defects, and consequently the appellants failed on a balance of probabilities to establish Convention refugee status or a need for protection.

Court Disposition

Appeal dismissed; decision of the Refugee Protection Division confirmed

Orders

  • Appeal dismissed and decision of the RPD confirmed pursuant to section 111(1)(a) of the Immigration and Refugee Protection Act