MB9-07536

MB9-07536

The appeal is dismissed because the RPD reasonably found appellants not credible on core claim elements, reasonably drew negative inferences from their failure to identify or corroborate the alleged agent of harm as a police officer and from their failure to seek police protection or claim asylum in the USA, and correctly concluded appellants did not establish on a balance of probabilities a serious risk of forced FGM; most proffered new evidence was inadmissible and the single admitted medical report had limited probative value.

Citation
MB9-07536
Parties
Principal Appellant: XXXX XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
15 September 2020
Procedural Posture
Refugee Appeal / Decision on Appeal
Outcome
appeal dismissed; RPD decision confirmed
Legal Topics
Credibility, New Evidence, Female Genital Mutilation (fgm), State Protection, Failure to Seek Protection, Admission of Evidence, RAD Rules, Gender Based Persecution
Source Language
English
Immigration Refugee Law Administrative Law Human Rights Credibility New Evidence Female Genital Mutilation (fgm) State Protection +4 more

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Parties

XXXX XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Associate Appellant

Minister

Respondent

Procedural Posture

Refugee Appeal / Decision on Appeal

Legal Issues

  1. 1 whether the RPD erred in assessing credibility of appellants
  2. 2 whether new evidence should be admitted on appeal
  3. 3 whether there is a serious possibility of forced FGM on the associate appellant

Ratio Decidendi

The appeal is dismissed because the RPD reasonably found appellants not credible on core claim elements, reasonably drew negative inferences from their failure to identify or corroborate the alleged agent of harm as a police officer and from their failure to seek police protection or claim asylum in the USA, and correctly concluded appellants did not establish on a balance of probabilities a serious risk of forced FGM; most proffered new evidence was inadmissible and the single admitted medical report had limited probative value.

Court Disposition

appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed and decision of RPD dated March 11, 2019 confirmed
  • Exhibit 13 (medical report) admitted into evidence but afforded limited probative weight