MB9-15820

MB9-15820

Affidavits were not new under s.110(4) IRPA and therefore not admitted; the RPD's adverse credibility findings were justified by material omissions, contradictions and vague testimony (notably failure to mention alleged agent's cartel membership and inconsistent details about ticket penalty and escape), and the RPD...

Source-derived case information.

Citation
MB9-15820
Parties
Appellant: XXXX XXXX XXXX; Appellant: XXXX XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
22 September 2020
Procedural Posture
Refugee Protection Appeal / Decision on Appeal to Refugee Appeal Division (rad)
Outcome
Appeal dismissed and RPD decision confirmed
Legal Topics
Credibility Assessment, Admissibility of New Evidence, Particular Social Group, Gender Based Persecution, Standard of Review
Source Language
english
Immigration Law Refugee Law Administrative Law Credibility Assessment Admissibility of New Evidence Particular Social Group Gender Based Persecution Standard of Review

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Parties

XXXX XXXX XXXX

Appellant

XXXX XXXX XXXX XXXX

Appellant

Procedural Posture

Refugee Protection Appeal / Decision on Appeal to Refugee Appeal Division (rad)

Legal Issues

  1. 1 Whether RPD erred in assessing appellants' credibility
  2. 2 Whether affidavits dated Sept 17, 2019 constituted new evidence under s.110(4) IRPA
  3. 3 Whether RPD failed to consider Guideline 4 and circumstances of a woman victim of domestic violence

Ratio Decidendi

Affidavits were not new under s.110(4) IRPA and therefore not admitted; the RPD's adverse credibility findings were justified by material omissions, contradictions and vague testimony (notably failure to mention alleged agent's cartel membership and inconsistent details about ticket penalty and escape), and the RPD did not err in law or in applying Guideline 4; accordingly the RAD confirmed the RPD and dismissed the appeal.

Court Disposition

Appeal dismissed and RPD decision confirmed

Orders

  • Appeal dismissed pursuant to paragraph 111(1)(a) of the IRPA
  • Affidavits dated September 17, 2019 not admitted as new evidence under s.110(4) IRPA