TB7-16091

TB7-16091

The RAD found no error in the RPD's adverse credibility findings: the contested birth and death certificates, medical report, police reports and supporting affidavits were not shown to be genuine or credible; the new evidence was not admissible because it failed credibility and relevance requirements; the psychological report did not account for the material inconsistencies; the request for an oral hearing was denied; therefore the appeal is dismissed and the RPD decision that the Appellants are neither Convention refugees nor persons in need of protection is confirmed.

Citation
TB7-16091
Parties
Principal Appellant: XXXX XXXX XXXX; Female Appellant: XXXX XXXX XXXX; Minor Appellants: XXXX XXXX XXXX and XXXX; Respondent: Minister (Respondent)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
15 March 2018
Procedural Posture
Refugee Appeal / Decision on Appeal by Refugee Appeal Division
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Credibility, Admissibility of New Evidence, Document Authenticity, Female Genital Mutilation, Persecution on Account of Sexual Orientation, Standard of Review, Oral Hearing Request
Source Language
English
Immigration Refugee Law Administrative Law Credibility Admissibility of New Evidence Document Authenticity Female Genital Mutilation Persecution on Account of Sexual Orientation +2 more

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Female Appellant

XXXX XXXX XXXX and XXXX

Minor Appellants

Minister (Respondent)

Respondent

Procedural Posture

Refugee Appeal / Decision on Appeal by Refugee Appeal Division

Legal Issues

  1. 1 Whether the RPD's adverse credibility findings were sustainable
  2. 2 Whether newly tendered evidence met IRPA s.110(4) and Singh criteria for admission on appeal
  3. 3 Whether the police, birth and death certificates, medical report and affidavits were genuine

Ratio Decidendi

The RAD found no error in the RPD's adverse credibility findings: the contested birth and death certificates, medical report, police reports and supporting affidavits were not shown to be genuine or credible; the new evidence was not admissible because it failed credibility and relevance requirements; the psychological report did not account for the material inconsistencies; the request for an oral hearing was denied; therefore the appeal is dismissed and the RPD decision that the Appellants are neither Convention refugees nor persons in need of protection is confirmed.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed
  • Refugee Protection Division determination confirmed that appellants are neither Convention refugees nor persons in need of protection