TB9-21232

TB9-21232

The RAD dismissed the appeal and confirmed the RPD because, on independent review, the principal appellant was found not credible and key documents were fraudulent or unauthenticated, and there was insufficient credible evidence of a well‑founded fear of persecution or need for protection.

Citation
TB9-21232
Parties
Appellant (principal): XXXX XXXX XXXX (the principal appellant); Appellants (minors): XXXX XXXX XXXX XXXX XXXX XXXX XXXXand XXXX XXXX XXXX (the minor appellants); Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
19 February 2021
Procedural Posture
Refugee Appeal (refugee Appeal Division Review of Refugee Protection Division Decision) / Appeal Decided (written Reasons)
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Credibility Assessment, Objective Basis Assessment, Procedural Fairness, Documentary Authentication, Standard of Review
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Assessment Objective Basis Assessment Procedural Fairness Documentary Authentication Standard of Review

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 3 Authorities cited 1 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

XXXX XXXX XXXX (the principal appellant)

Appellant (principal)

XXXX XXXX XXXX XXXX XXXX XXXX XXXXand XXXX XXXX XXXX (the minor appellants)

Appellants (minors)

Minister

Respondent

Procedural Posture

Refugee Appeal (refugee Appeal Division Review of Refugee Protection Division Decision) / Appeal Decided (written Reasons)

Legal Issues

  1. 1 Did the RPD err in its credibility findings?
  2. 2 Did the RPD err in its objective basis assessment for refugee protection?
  3. 3 Was there a breach of procedural fairness regarding breaks during testimony?

Ratio Decidendi

The RAD dismissed the appeal and confirmed the RPD because, on independent review, the principal appellant was found not credible and key documents were fraudulent or unauthenticated, and there was insufficient credible evidence of a well‑founded fear of persecution or need for protection.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed and decision of the Refugee Protection Division confirmed pursuant to paragraph 111(1)(a) of the Immigration and Refugee Protection Act