MB8-23767

MB8-23767

Applying the correctness standard the RAD found no error in the RPD's conclusion: the appellants failed to establish a serious possibility of persecution in the United States on a Convention ground or, on the balance of probabilities, a risk of torture, death or cruel and unusual treatment; the purported new evidence was not produced and did not meet s.110(4) IRPA; therefore the appeal is dismissed and the RPD decision confirmed.

Citation
MB8-23767
Parties
Appellant: XXXX XXXX; Appellant (minor Sister): XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
30 October 2020
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Final Decision on Appeal (rad)
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Refugee Protection, Convention Refugee, Risk of Torture, Admission of New Evidence, Standard of Review
Source Language
English
Immigration Law Refugee Law Administrative Law Refugee Protection Convention Refugee Risk of Torture Admission of New Evidence Standard of Review

Case Brief

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Parties

XXXX XXXX

Appellant

XXXX XXXX XXXX

Appellant (minor Sister)

Procedural Posture

Refugee Appeal (refugee Appeal Division) / Final Decision on Appeal (rad)

Legal Issues

  1. 1 Whether the RPD erred in assessing the appellants' fear in the United States
  2. 2 Whether the appellants established that they are Convention refugees or persons in need of protection
  3. 3 Whether the proposed new evidence met the admissibility requirements of s.110(4) IRPA

Ratio Decidendi

Applying the correctness standard the RAD found no error in the RPD's conclusion: the appellants failed to establish a serious possibility of persecution in the United States on a Convention ground or, on the balance of probabilities, a risk of torture, death or cruel and unusual treatment; the purported new evidence was not produced and did not meet s.110(4) IRPA; therefore the appeal is dismissed and the RPD decision confirmed.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed
  • RPD decision confirmed that the appellants are neither Convention refugees nor persons in need of protection