TB8-09394

TB8-09394

The appeal is dismissed because the Appellant was found, on balance, to lack credibility on core issues (existence of the alleged relationship, genuineness of the death certificate, and the asserted threats), the mother’s letter and identity document are inadmissible under s.110(4) IRPA, the RPD reasonably assessed the death certificate as not genuine, and consequently the Appellant did not prove he was a Convention refugee or person in need of protection.

Citation
TB8-09394
Parties
Appellant / Person in Cause: XXXX XXXX XXXX XXXX; Respondent: Minister (Respondent); Decision Maker (rad): James Sloan
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
16 September 2020
Procedural Posture
Refugee Appeal Under the Immigration and Refugee Protection Act (rad) / Decision on Appeal Including Admissibility of New Evidence and Credibility Determination
Outcome
Appeal denied
Legal Topics
Credibility Assessment, Admission of New Evidence (s.110(4) Irpa), Documentary Genuineness, Misrepresentation to Border Officials, Convention Refugee Determination, Country Conditions
Source Language
English
Immigration Law Refugee Law Administrative Law Evidence Law Credibility Assessment Admission of New Evidence (s.110(4) Irpa) Documentary Genuineness Misrepresentation to Border Officials +2 more

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Parties

XXXX XXXX XXXX XXXX

Appellant / Person in Cause

Minister (Respondent)

Respondent

James Sloan

Decision Maker (rad)

Procedural Posture

Refugee Appeal Under the Immigration and Refugee Protection Act (rad) / Decision on Appeal Including Admissibility of New Evidence and Credibility Determination

Legal Issues

  1. 1 Whether newly submitted evidence meets s.110(4) IRPA and the Singh criteria
  2. 2 Whether the Appellant is credible on key factual matters (existence of alleged relationship, genuineness of death certificate, threats)
  3. 3 Whether the Appellant was a Convention refugee or person in need of protection

Ratio Decidendi

The appeal is dismissed because the Appellant was found, on balance, to lack credibility on core issues (existence of the alleged relationship, genuineness of the death certificate, and the asserted threats), the mother’s letter and identity document are inadmissible under s.110(4) IRPA, the RPD reasonably assessed the death certificate as not genuine, and consequently the Appellant did not prove he was a Convention refugee or person in need of protection.

Court Disposition

Appeal denied

Orders

  • Appeal dismissed
  • Affidavit of May 5, 2018 admitted for consideration