TC0-09145

TC0-09145

The RAD dismisses the appeal because the PA's affidavit is not admissible new evidence, the RPD reasonably found the appellants not credible based on their re-availments to Bangladesh, lack of corroboration, inconsistencies and materially unreliable documents (hospital records, newspaper clippings, police GD), and there is no established nexus to a Convention ground; accordingly the appellants are not persons in need of protection on a balance of probabilities.

Citation
TC0-09145
Parties
Principal Appellant: XXXX XXXX XXXX (Principal Appellant); Associate Appellant: XXXX XXXX (Associate Appellant); Minor Appellant (female): XXXX XXXX (minor female Appellant); Minor Appellant (male): XXXX XXXX (minor male Appellant); Respondent: Minister (Respondent)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
23 February 2021
Procedural Posture
Refugee Appeal (rad) / Decision on Appeal (rad)
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Credibility Assessment, Nexus to Convention Grounds, New Evidence Admissibility, Procedural Fairness, Re Availment and Failure to Claim, Corroboration of Allegations, State Complicity (rab)
Source Language
English
Immigration Law Refugee Law Administrative Law Evidence Law Credibility Assessment Nexus to Convention Grounds New Evidence Admissibility Procedural Fairness +3 more

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Parties

XXXX XXXX XXXX (Principal Appellant)

Principal Appellant

XXXX XXXX (Associate Appellant)

Associate Appellant

XXXX XXXX (minor female Appellant)

Minor Appellant (female)

XXXX XXXX (minor male Appellant)

Minor Appellant (male)

Minister (Respondent)

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the RAD should admit new affidavit evidence
  2. 2 Whether the RPD erred in finding no nexus to a Convention ground
  3. 3 Whether the RPD breached procedural fairness

Ratio Decidendi

The RAD dismisses the appeal because the PA's affidavit is not admissible new evidence, the RPD reasonably found the appellants not credible based on their re-availments to Bangladesh, lack of corroboration, inconsistencies and materially unreliable documents (hospital records, newspaper clippings, police GD), and there is no established nexus to a Convention ground; accordingly the appellants are not persons in need of protection on a balance of probabilities.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed
  • Decision of the Refugee Protection Division confirmed: appellants are not persons in need of protection pursuant to paragraph 111(1)(a) of the Immigration and Refugee Protection Act