MC2-03277

MC2-03277

The appeal is dismissed because, on independent review, the RAD found the Appellant not credible: key omissions and contradictions between the POE interview and the BOC constituted central unexplained discrepancies, the appendant US immigration misrepresentations and the failure to seek asylum in the US justified negative credibility inferences, the newly tendered evidence was excluded as suspiciously timed and not meeting Singh tests, and the corroborating documentation lacked probative weight and identity verification, so the Appellant failed to establish a serious possibility of persecution or a sur place claim.

Citation
MC2-03277
Parties
Appellant / Person Who Is the Subject of the Appeal: XXXX XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
18 July 2022
Procedural Posture
Refugee Appeal Under the Immigration and Refugee Protection Act / Refugee Appeal Division Decision on Appeal (reasons for Decision)
Outcome
Appeal dismissed; RPD decision confirmed that the Appellant is neither a Convention refugee nor a person in need of protection pursuant to s.111(1)(a) IRPA
Legal Topics
Credibility Assessment, New Evidence Admissibility, Sur Place Claim, Corroboration, Point of Entry (poe) Interview Issues, Oral Hearing Threshold
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Assessment New Evidence Admissibility Sur Place Claim Corroboration Point of Entry (poe) Interview Issues +1 more

Case Brief

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Parties

XXXX XXXX XXXX

Appellant / Person Who Is the Subject of the Appeal

Minister

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the Appellant met the burden to establish credibility
  2. 2 Whether the RAD should admit and rely on new evidence submitted after the RPD decision
  3. 3 Whether the Appellant established a sur place claim based on his son's alleged political activity

Ratio Decidendi

The appeal is dismissed because, on independent review, the RAD found the Appellant not credible: key omissions and contradictions between the POE interview and the BOC constituted central unexplained discrepancies, the appendant US immigration misrepresentations and the failure to seek asylum in the US justified negative credibility inferences, the newly tendered evidence was excluded as suspiciously timed and not meeting Singh tests, and the corroborating documentation lacked probative weight and identity verification, so the Appellant failed to establish a serious possibility of persecution or a sur place claim.

Court Disposition

Appeal dismissed; RPD decision confirmed that the Appellant is neither a Convention refugee nor a person in need of protection pursuant to s.111(1)(a) IRPA

Orders

  • Appeal dismissed and no further relief ordered