TC0-12490

TC0-12490

On independent review the RAD found the RPD did not err in its central credibility assessment, refused to admit the proffered new evidence because it did not meet statutory criteria, and concluded on the balance of probabilities that the appellants failed to provide credible and trustworthy evidence to establish refugee status or need for protection; appeal dismissed and RPD decision confirmed.

Citation
TC0-12490
Parties
Appellants: XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX; Designated Representative: XXXX XXXX XXXX; Respondent: Minister (Respondent)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
6 October 2021
Procedural Posture
Refugee Appeal (rad) / Decision on Appeal (reasons and Decision)
Outcome
Appeal dismissed; decision of the Refugee Protection Division affirmed
Legal Topics
Credibility Assessment, Admission of New Evidence, Basis of Claim Amendments, Nexus to Convention Refugees, Corroboration of Evidence, Remittal/substitution of Decision
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Assessment Admission of New Evidence Basis of Claim Amendments Nexus to Convention Refugees Corroboration of Evidence +1 more

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Parties

XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX

Appellants

XXXX XXXX XXXX

Designated Representative

Minister (Respondent)

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the RPD erred in assessing credibility
  2. 2 Whether new evidence on appeal should be admitted
  3. 3 Whether there was nexus to the Convention (not argued on appeal)

Ratio Decidendi

On independent review the RAD found the RPD did not err in its central credibility assessment, refused to admit the proffered new evidence because it did not meet statutory criteria, and concluded on the balance of probabilities that the appellants failed to provide credible and trustworthy evidence to establish refugee status or need for protection; appeal dismissed and RPD decision confirmed.

Court Disposition

Appeal dismissed; decision of the Refugee Protection Division affirmed

Orders

  • Appeal dismissed and RPD decision confirmed