TB9-05297

TB9-05297

The RAD dismissed the appeal because, on independent assessment, the police report was found fraudulent on a balance of probabilities, that fraud undermined the credibility of interrelated affidavits (including the husband's affidavits), the corroborative documentary evidence failed to overcome credibility and implausibility findings, and the Younger Minor's claimed harm did not satisfy sections 96 or 97 IRPA; accordingly the Appellants did not establish refugee protection or need for protection and the RPD decision was confirmed under paragraph 111(1)(a) IRPA.

Citation
TB9-05297
Parties
Appellant: Principal Appellant; Appellant (minor): Elder Minor Appellant; Appellant (minor): Younger Minor Appellant
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
21 February 2020
Procedural Posture
Refugee Appeal (rad Review of RPD Decision) / Final Decision of the Refugee Appeal Division (reasons for Decision)
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Credibility Assessment, Admissibility of New Evidence, Document Authenticity and Fraud, Standard of Review, Children and Protection (sections 96/97 Irpa)
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Assessment Admissibility of New Evidence Document Authenticity and Fraud Standard of Review Children and Protection (sections 96/97 Irpa)

Case Brief

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Parties

Principal Appellant

Appellant

Elder Minor Appellant

Appellant (minor)

Younger Minor Appellant

Appellant (minor)

Procedural Posture

Refugee Appeal (rad Review of RPD Decision) / Final Decision of the Refugee Appeal Division (reasons for Decision)

Legal Issues

  1. 1 Whether new evidence meets subsection 110(4) IRPA and Singh/Raza factors
  2. 2 Whether the police report and related documents are authentic or fraudulent
  3. 3 Whether RPD erred in credibility and plausibility findings

Ratio Decidendi

The RAD dismissed the appeal because, on independent assessment, the police report was found fraudulent on a balance of probabilities, that fraud undermined the credibility of interrelated affidavits (including the husband's affidavits), the corroborative documentary evidence failed to overcome credibility and implausibility findings, and the Younger Minor's claimed harm did not satisfy sections 96 or 97 IRPA; accordingly the Appellants did not establish refugee protection or need for protection and the RPD decision was confirmed under paragraph 111(1)(a) IRPA.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed and RPD decision confirmed pursuant to paragraph 111(1)(a) of the IRPA
  • New evidence: husband's second affidavit admitted but given no weight; police letter not admitted; request for oral hearing denied