MC2-03248

MC2-03248

Although the RPD erred in drawing an adverse credibility inference from lack of corroboration for the appellants' attempt to file a police complaint, the appellants nonetheless failed to rebut the presumption of available and adequate state protection with the required clear and convincing evidence; administrative...

Source-derived case information.

Citation
MC2-03248
Parties
Appellant (male): XXXX XXXX XXXX XXXX; Appellant (female): XXXX XXXX XXXX XXXX; Appellant (minor): XXXX XXXX XXXX; Designated Representative: XXXX XXXX XXXX XXXX; Respondent: Minister (Immigration)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
5 October 2022
Procedural Posture
Refugee Protection Appeal / Decision on Appeal (reasons and Decision)
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
State Protection, Procedural Fairness, Credibility, Admission of New Evidence, Reasonable Apprehension of Bias, Interpretation/translation
Source Language
english
Immigration Law Refugee Law Administrative Law State Protection Procedural Fairness Credibility Admission of New Evidence Reasonable Apprehension of Bias +1 more

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Parties

XXXX XXXX XXXX XXXX

Appellant (male)

XXXX XXXX XXXX XXXX

Appellant (female)

XXXX XXXX XXXX

Appellant (minor)

XXXX XXXX XXXX XXXX

Designated Representative

Minister (Immigration)

Respondent

Procedural Posture

Refugee Protection Appeal / Decision on Appeal (reasons and Decision)

Legal Issues

  1. 1 Whether there was a breach of natural justice/procedural fairness due to delayed reasons and alleged confidentiality breach
  2. 2 Whether there was a reasonable apprehension of bias by the RPD member
  3. 3 Whether appellants' credibility supports claim they attempted to file a police complaint

Ratio Decidendi

Although the RPD erred in drawing an adverse credibility inference from lack of corroboration for the appellants' attempt to file a police complaint, the appellants nonetheless failed to rebut the presumption of available and adequate state protection with the required clear and convincing evidence; administrative delays and confidentiality breach did not establish reasonable apprehension of bias; new evidence was admitted where it arose after the RPD decision but did not change the outcome; therefore the appeal is dismissed and the RPD decision is confirmed.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed
  • Refugee Protection Division determination confirmed: appellants are not Convention refugees or persons in need of protection