TC1-22315

TC1-22315

The appeal is dismissed because the RPD's adverse credibility findings were justified: objective evidence showed the Chief Minister's official term ended in 2017 undermining the Appellant's central claim of employment in 2019, the new evidence failed the s.110(4) threshold and was not sufficiently relevant or credible to overturn the RPD, and the cumulative inconsistencies warranted denial of refugee protection.

Citation
TC1-22315
Parties
Appellant / Person Who Is the Subject of the Appeal: XXXX XXXX; Respondent: Minister (Canada); Decision Maker / Panel: Susan Brown
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
28 June 2022
Procedural Posture
Refugee Appeal Under the Immigration and Refugee Protection Act / Decision on Appeal by Refugee Appeal Division (reasons for Decision)
Outcome
Appeal dismissed; decision of the Refugee Protection Division confirmed
Legal Topics
Credibility Assessment, Admissibility of New Evidence S.110(4) IRPA, Convention Refugee Determination, Person in Need of Protection, Documentary Fraud, Benefit of the Doubt
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Assessment Admissibility of New Evidence S.110(4) IRPA Convention Refugee Determination Person in Need of Protection Documentary Fraud +1 more

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Parties

XXXX XXXX

Appellant / Person Who Is the Subject of the Appeal

Minister (Canada)

Respondent

Susan Brown

Decision Maker / Panel

Procedural Posture

Refugee Appeal Under the Immigration and Refugee Protection Act / Decision on Appeal by Refugee Appeal Division (reasons for Decision)

Legal Issues

  1. 1 Whether the RPD erred in its adverse credibility findings
  2. 2 Whether the RAD should admit new evidence under s.110(4) IRPA
  3. 3 Whether the Appellant established employment with the Chief Minister in 2019 as foundational to the protection claim

Ratio Decidendi

The appeal is dismissed because the RPD's adverse credibility findings were justified: objective evidence showed the Chief Minister's official term ended in 2017 undermining the Appellant's central claim of employment in 2019, the new evidence failed the s.110(4) threshold and was not sufficiently relevant or credible to overturn the RPD, and the cumulative inconsistencies warranted denial of refugee protection.

Court Disposition

Appeal dismissed; decision of the Refugee Protection Division confirmed

Orders

  • Appeal dismissed; RPD decision confirmed (Appellant is neither a Convention refugee nor a person in need of protection)