TB9-17276

TB9-17276

The RAD confirmed the RPD: on a balance of probabilities the Appellants failed to establish they are being sought or targeted and credibility findings were determinative; admitted new evidence did not cure credibility defects or establish persecution, therefore the RPD decision that they are neither Convention refugees nor persons in need of protection is upheld.

Citation
TB9-17276
Parties
Principal Appellant: XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX; Minor Appellant: XXXX XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
27 December 2021
Procedural Posture
Refugee Protection Appeal (redetermination) / Redetermination by Refugee Appeal Division Following Federal Court Remittal
Outcome
Appeal dismissed; RPD decision confirmed pursuant to paragraph 111(1)(a) IRPA.
Legal Topics
Credibility Assessment, New Evidence Admissibility, Internal Flight Alternative, Conversion and Religious Persecution, Procedural Fairness
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Assessment New Evidence Admissibility Internal Flight Alternative Conversion and Religious Persecution Procedural Fairness

Case Brief

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Associate Appellant

XXXX XXXX XXXX

Minor Appellant

Minister

Respondent

Procedural Posture

Refugee Protection Appeal (redetermination) / Redetermination by Refugee Appeal Division Following Federal Court Remittal

Legal Issues

  1. 1 Whether Appellants proved on balance of probabilities they are Convention refugees or persons in need of protection
  2. 2 Whether new evidence should be admitted under s.110(4) IRPA and given weight
  3. 3 Whether a fatwa was issued and whether agents of harm are seeking the Appellants

Ratio Decidendi

The RAD confirmed the RPD: on a balance of probabilities the Appellants failed to establish they are being sought or targeted and credibility findings were determinative; admitted new evidence did not cure credibility defects or establish persecution, therefore the RPD decision that they are neither Convention refugees nor persons in need of protection is upheld.

Court Disposition

Appeal dismissed; RPD decision confirmed pursuant to paragraph 111(1)(a) IRPA.

Orders

  • Appeal dismissed and RPD decision confirmed
  • No oral hearing granted on redetermination