TC2-03916

TC2-03916

The RAD dismissed the appeal and confirmed the RPD because the appellants failed to prove, on a balance of probabilities, a forward-looking risk of persecution or need for protection: the new evidence was not admissible as 'new', core credibility problems existed (material omission regarding an alleged police investigation and voluntary return to Türkiye undermining subjective fear), nexus to Convention grounds was not established for the proven risks, and the private actor threat was resolved, negating a realistic future risk.

Citation
TC2-03916
Parties
Principal Appellant: XXXX XXXX XXXX; Associate Appellant: XXXX XXXX; Minor Appellant: XXXX XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
6 July 2023
Procedural Posture
Refugee Appeal (rad) / Final Decision on Reopened Appeal (appeal Dismissed)
Outcome
Appeal dismissed; decision of the RPD confirmed
Legal Topics
Credibility Assessment, New Evidence Admissibility, Nexus to Convention Grounds, Procedural Fairness, Internal Flight Alternative, State Protection
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Assessment New Evidence Admissibility Nexus to Convention Grounds Procedural Fairness Internal Flight Alternative +1 more

Case Brief

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX

Associate Appellant

XXXX XXXX XXXX

Minor Appellant

Minister

Respondent

Procedural Posture

Refugee Appeal (rad) / Final Decision on Reopened Appeal (appeal Dismissed)

Legal Issues

  1. 1 Whether the new evidence met s.110(4) IRPA requirements and was admissible
  2. 2 Whether appellants established nexus to a Convention ground (imputed political opinion; gender/nationality)
  3. 3 Whether appellants were credible given material omissions and conduct (return to Türkiye)

Ratio Decidendi

The RAD dismissed the appeal and confirmed the RPD because the appellants failed to prove, on a balance of probabilities, a forward-looking risk of persecution or need for protection: the new evidence was not admissible as 'new', core credibility problems existed (material omission regarding an alleged police investigation and voluntary return to Türkiye undermining subjective fear), nexus to Convention grounds was not established for the proven risks, and the private actor threat was resolved, negating a realistic future risk.

Court Disposition

Appeal dismissed; decision of the RPD confirmed

Orders

  • Appeal dismissed
  • Decision of the Refugee Protection Division confirmed