TC0-06656

TC0-06656

The appeal is dismissed because the RAD found the RPD's negative credibility findings and its assessment that the medical records and police report did not support an assault claim were reasonable on the record; the purported new evidence either did not meet statutory requirements for admission or lacked credibility and relevance; there was no procedural unfairness or proven prejudice from interpretation; consequently the RPD's refusal of protection was confirmed under IRPA.

Citation
TC0-06656
Parties
Appellant / Person in Cause: XXXX XXXX; Respondent: Refugee Protection Division; Respondent: Minister of Immigration
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
13 April 2021
Procedural Posture
Refugee Appeal Under the Immigration and Refugee Protection Act / Appeal to Refugee Appeal Division Decision on Admissibility of New Evidence and Merits of Appeal Issued
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Credibility Assessment, Admission of New Evidence, Procedural Fairness, Nexus to Convention, Interpretation/translation Issues
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Assessment Admission of New Evidence Procedural Fairness Nexus to Convention Interpretation/translation Issues

Case Brief

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Parties

XXXX XXXX

Appellant / Person in Cause

Refugee Protection Division

Respondent

Minister of Immigration

Respondent

Procedural Posture

Refugee Appeal Under the Immigration and Refugee Protection Act / Appeal to Refugee Appeal Division Decision on Admissibility of New Evidence and Merits of Appeal Issued

Legal Issues

  1. 1 Whether new evidence meets s.110(4) IRPA and is credible and relevant
  2. 2 Whether RPD's adverse credibility findings were reasonable on the record
  3. 3 Whether perceived familial wealth or foreignness establishes nexus to a Convention ground

Ratio Decidendi

The appeal is dismissed because the RAD found the RPD's negative credibility findings and its assessment that the medical records and police report did not support an assault claim were reasonable on the record; the purported new evidence either did not meet statutory requirements for admission or lacked credibility and relevance; there was no procedural unfairness or proven prejudice from interpretation; consequently the RPD's refusal of protection was confirmed under IRPA.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed
  • Pursuant to paragraph 111(1)(a) of IRPA, confirm the RPD decision that the appellant is neither a Convention refugee nor a person in need of protection