TB8-27021

TB8-27021

The appeal is dismissed because the RPD correctly found the appellant to be a Serbian citizen with the right to return; the admitted new evidence did not raise any credibility issue central to the refugee claim nor establish an objective risk of persecution in Serbia; objective documentation showed discrimination against ethnic Albanians but not persecution; consequently the appellant is neither a Convention refugee nor a person in need of protection.

Citation
TB8-27021
Parties
Person Who Is the Subject of the Appeal: XXXX XXXX; Respondent: Minister (Canada)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
2 December 2020
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Decision on Appeal; Consideration of New Evidence and Oral Hearing Request
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Convention Refugee, Person in Need of Protection, Admission of New Evidence (s.110 Irpa), Oral Hearing on Appeal (s.110(6) Irpa), Citizenship Determination, Risk Assessment, Family Unity
Source Language
English
Immigration Law Refugee Law Administrative Law Evidence Citizenship Law Convention Refugee Person in Need of Protection Admission of New Evidence (s.110 Irpa) +4 more

Case Brief

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Parties

XXXX XXXX

Person Who Is the Subject of the Appeal

Minister (Canada)

Respondent

Procedural Posture

Refugee Appeal (refugee Appeal Division) / Decision on Appeal; Consideration of New Evidence and Oral Hearing Request

Legal Issues

  1. 1 Whether the RPD erred in finding the appellant is not a Convention refugee or person in need of protection
  2. 2 Whether the appellant is a citizen of Serbia based on passport and evidence
  3. 3 Whether the new evidence meets s.110(4) IRPA and associated tests (newness, credibility, relevance)

Ratio Decidendi

The appeal is dismissed because the RPD correctly found the appellant to be a Serbian citizen with the right to return; the admitted new evidence did not raise any credibility issue central to the refugee claim nor establish an objective risk of persecution in Serbia; objective documentation showed discrimination against ethnic Albanians but not persecution; consequently the appellant is neither a Convention refugee nor a person in need of protection.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Admit media articles dated October 8, 2018 and October 30, 2018 as new evidence
  • Decline admission of the two earlier articles that pre‑date the RPD decision