MC0-04854

MC0-04854

The RAD dismissed the appeals because the Appellants failed to meet the threshold for admitting new evidence, key supporting documents were found to be fraudulent or of no weight, the Appellants' testimony lacked credibility and detail, and objective country evidence did not show a real risk from the Ogboni society; on that basis the RPD decision that they are neither Convention refugees nor persons in need of protection was confirmed.

Citation
MC0-04854
Parties
Principal Appellant: XXXX XXXX; Minor Appellant: FIO; Minor Appellant: ERO; Designated Representative: XXXX XXXX; Respondent: Minister (Canada)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
22 February 2021
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Decision on Appeal (reasons for Decision)
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Credibility Findings, Admissibility of New Evidence (s.110(4) Irpa), Document Authenticity and Fraud, Country Condition Evidence Ogboni Society, Child Claimants Procedure
Source Language
English
Immigration Refugee Law Administrative Law Credibility Findings Admissibility of New Evidence (s.110(4) Irpa) Document Authenticity and Fraud Country Condition Evidence Ogboni Society Child Claimants Procedure

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Parties

XXXX XXXX

Principal Appellant

FIO

Minor Appellant

ERO

Minor Appellant

XXXX XXXX

Designated Representative

Minister (Canada)

Respondent

Procedural Posture

Refugee Appeal (refugee Appeal Division) / Decision on Appeal (reasons for Decision)

Legal Issues

  1. 1 Whether new evidence met s.110(4) IRPA and Singh/Raza criteria
  2. 2 Whether RPD's adverse credibility findings were reasonable and determinative
  3. 3 Whether supporting documents (police report, letters) were authentic and entitled to weight

Ratio Decidendi

The RAD dismissed the appeals because the Appellants failed to meet the threshold for admitting new evidence, key supporting documents were found to be fraudulent or of no weight, the Appellants' testimony lacked credibility and detail, and objective country evidence did not show a real risk from the Ogboni society; on that basis the RPD decision that they are neither Convention refugees nor persons in need of protection was confirmed.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed and RPD decision confirmed: Appellants are neither Convention refugees nor persons in need of protection.