VB9-07285

VB9-07285

The RAD confirmed the RPD's decision because the admitted evidence did not establish a real prospect of persecution on return to Russia and the new evidence did not raise a central credibility issue under s.110(6) IRPA; family unity and humanitarian concerns cannot substitute for the statutory refugee protection tests, therefore the appeal is dismissed.

Citation
VB9-07285
Parties
Principal Appellant: XXXX XXXX; Associate Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
1 August 2020
Procedural Posture
Refugee Appeal (rad Review of RPD Decision) / Decision on Appeal Reasons and Dismissal
Outcome
Appeal dismissed; decision of the Refugee Protection Division confirmed
Legal Topics
Refugee Protection, Procedural Fairness, New Evidence Admissibility, Credibility Assessment, Family Unity, Persecution Based on Sexual Orientation
Source Language
English
Immigration Law Refugee Law Administrative Law Refugee Protection Procedural Fairness New Evidence Admissibility Credibility Assessment Family Unity +1 more

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Associate Appellant

Procedural Posture

Refugee Appeal (rad Review of RPD Decision) / Decision on Appeal Reasons and Dismissal

Legal Issues

  1. 1 Whether the RPD breached procedural fairness
  2. 2 Whether the appellants face a real risk of persecution on return to Russia
  3. 3 Whether the new evidence is admissible under s.110(4) IRPA and raises a determinative credibility issue

Ratio Decidendi

The RAD confirmed the RPD's decision because the admitted evidence did not establish a real prospect of persecution on return to Russia and the new evidence did not raise a central credibility issue under s.110(6) IRPA; family unity and humanitarian concerns cannot substitute for the statutory refugee protection tests, therefore the appeal is dismissed.

Court Disposition

Appeal dismissed; decision of the Refugee Protection Division confirmed

Orders

  • Appeal dismissed and RPD decision dated August 27, 2019 confirmed