TB7-20071

TB7-20071

The appeal is dismissed because the core credibility findings by the RPD — that the police report is, on balance, not genuine; material omissions and lack of corroboration (including for the attempted kidnapping); and the husband's voluntary return to Nigeria — are supported on the record and are dispositive. Most post‑decision evidence fails s.110(4) IRPA and Rule 29 tests and would not alter the outcome; the limited evidence admitted (police station address material) does not affect the decision. Consequently the RPD correctly concluded the Appellants are neither Convention refugees nor persons in need of protection under para 111(1)(a) IRPA.

Citation
TB7-20071
Parties
Principal Appellant: XXXX XXXX XXXX; Minor Appellant: XXXX XXXX XXXX; Respondent: Minister (respondent)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
2 October 2019
Procedural Posture
Refugee Appeal Redetermination / Redetermination Reasons for Decision
Outcome
Appeal dismissed; decision of the Refugee Protection Division confirmed pursuant to paragraph 111(1)(a) of the Immigration and Refugee Protection Act
Legal Topics
Credibility Assessment, Corroboration, Admissibility of New Evidence, Rule 29 RAD Rules, S.110(4) IRPA New Evidence Test, Best Interests of the Child
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Assessment Corroboration Admissibility of New Evidence Rule 29 RAD Rules S.110(4) IRPA New Evidence Test +1 more

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Minor Appellant

Minister (respondent)

Respondent

Procedural Posture

Refugee Appeal Redetermination / Redetermination Reasons for Decision

Legal Issues

  1. 1 Whether proposed new evidence meets subsection 110(4) IRPA and RAD Rule 29
  2. 2 Whether the police report is genuine and its effect on credibility
  3. 3 Whether the husband's return to Nigeria undermines credibility

Ratio Decidendi

The appeal is dismissed because the core credibility findings by the RPD — that the police report is, on balance, not genuine; material omissions and lack of corroboration (including for the attempted kidnapping); and the husband's voluntary return to Nigeria — are supported on the record and are dispositive. Most post‑decision evidence fails s.110(4) IRPA and Rule 29 tests and would not alter the outcome; the limited evidence admitted (police station address material) does not affect the decision. Consequently the RPD correctly concluded the Appellants are neither Convention refugees nor persons in need of protection under para 111(1)(a) IRPA.

Court Disposition

Appeal dismissed; decision of the Refugee Protection Division confirmed pursuant to paragraph 111(1)(a) of the Immigration and Refugee Protection Act

Orders

  • Appeal dismissed and RPD decision of July 17, 2017 confirmed
  • No oral hearing ordered