TB9-18025

TB9-18025

The RAD affirmed the RPD's adverse credibility findings: the Principal Appellant omitted key explanatory facts from her BOC about why and how she converted in Iran; the pastor's letter was duplicative and not new; photographs, though credible, did not establish genuineness or explain the omissions; documentary and country evidence contradicted the Appellants' account of underground church practices; on the balance of probabilities the Appellants did not convert in Iran nor attend an illegal house church and would not be persecuted or perceived as Christians upon return; accordingly the appeal is dismissed and the RPD decision confirmed under s.111(1)(a) IRPA.

Citation
TB9-18025
Parties
Principal Appellant: XXXX XXXX; Second Appellant: XXXX XXXX; Minor Appellant: XXXX XXXX; Respondent: Minister; Designated Representative: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
27 November 2019
Procedural Posture
Refugee Protection Appeal / Decision by Refugee Appeal Division After RPD Decision
Outcome
Appeal dismissed; decision of the Refugee Protection Division dated June 21, 2019 confirmed
Legal Topics
Credibility Assessment, New Evidence (s.110 Irpa), Sur Place Claim, Conversion to Christianity, Weight of Documentary Evidence
Source Language
English
Immigration Refugee Law Administrative Law Credibility Assessment New Evidence (s.110 Irpa) Sur Place Claim Conversion to Christianity Weight of Documentary Evidence

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 6 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

XXXX XXXX

Principal Appellant

XXXX XXXX

Second Appellant

XXXX XXXX

Minor Appellant

Minister

Respondent

XXXX XXXX

Designated Representative

Procedural Posture

Refugee Protection Appeal / Decision by Refugee Appeal Division After RPD Decision

Legal Issues

  1. 1 Whether new evidence met s.110(4) IRPA criteria and warranted an oral hearing under s.110(6)
  2. 2 Whether the RPD erred in assessing credibility of Appellants' conversion to Christianity in Iran
  3. 3 Whether documentary evidence should have been given greater weight despite credibility concerns

Ratio Decidendi

The RAD affirmed the RPD's adverse credibility findings: the Principal Appellant omitted key explanatory facts from her BOC about why and how she converted in Iran; the pastor's letter was duplicative and not new; photographs, though credible, did not establish genuineness or explain the omissions; documentary and country evidence contradicted the Appellants' account of underground church practices; on the balance of probabilities the Appellants did not convert in Iran nor attend an illegal house church and would not be persecuted or perceived as Christians upon return; accordingly the appeal is dismissed and the RPD decision confirmed under s.111(1)(a) IRPA.

Court Disposition

Appeal dismissed; decision of the Refugee Protection Division dated June 21, 2019 confirmed

Orders

  • Appeal dismissed
  • Decision of the RPD dated June 21, 2019 confirmed