TB9-33419

TB9-33419

The appeal is dismissed because the RAD upholds the RPD's central adverse credibility findings and, on an independent review, finds the objective country documentation does not demonstrate that Ashkali ethnicity alone creates a serious possibility of persecution for these Appellants; therefore they are neither Convention refugees nor persons in need of protection.

Citation
TB9-33419
Parties
Principal Appellant: XXXX XXXX; Associate Appellant: XXXX XXXX; Minor Appellant: XXXX XXXX; Designated Representative: XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
13 January 2021
Procedural Posture
Refugee Appeal Under the Immigration and Refugee Protection Act / Decision by Refugee Appeal Division (rad)
Outcome
Appeal dismissed; RPD decision confirmed; Appellants are neither Convention refugees nor persons in need of protection
Legal Topics
Credibility Findings, Convention Refugee Determination, Admission of New Evidence, Country Documentation and Country Conditions, Residual Profile Assessment, Persecution Versus Discrimination
Source Language
English
Immigration Refugee Law Administrative Law Credibility Findings Convention Refugee Determination Admission of New Evidence Country Documentation and Country Conditions Residual Profile Assessment +1 more

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX

Associate Appellant

XXXX XXXX

Minor Appellant

XXXX XXXX

Designated Representative

Minister

Respondent

Procedural Posture

Refugee Appeal Under the Immigration and Refugee Protection Act / Decision by Refugee Appeal Division (rad)

Legal Issues

  1. 1 Whether the RPD erred in adverse credibility findings
  2. 2 Whether objective country documentation establishes that Ashkali ethnicity alone creates a serious possibility of persecution in Kosovo
  3. 3 Whether new evidence submitted on appeal should be admitted

Ratio Decidendi

The appeal is dismissed because the RAD upholds the RPD's central adverse credibility findings and, on an independent review, finds the objective country documentation does not demonstrate that Ashkali ethnicity alone creates a serious possibility of persecution for these Appellants; therefore they are neither Convention refugees nor persons in need of protection.

Court Disposition

Appeal dismissed; RPD decision confirmed; Appellants are neither Convention refugees nor persons in need of protection