TC1-00136

TC1-00136

The appeal is dismissed because the Appellant failed to meet the legal threshold for admitting new evidence under IRPA s.110 and the new materials are not credible or reliable; the RPD's adverse credibility findings on pivotal events were reasonable given internal inconsistencies and lack of corroboration;...

Source-derived case information.

Citation
TC1-00136
Parties
Appellant: XXXX XXXX XXXX XXXX XXXX; Decision Maker, Refugee Appeal Division: Elana Rose; Counsel for the Appellant: Micheal Crane; Respondent: Minister of Immigration (Respondent)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
23 November 2021
Procedural Posture
Refugee Appeal Under IRPA / Decision on Appeal to Refugee Appeal Division
Outcome
Appeal dismissed; decision of the Refugee Protection Division dated December 23, 2020 is confirmed
Legal Topics
Credibility Findings, Admissibility of New Evidence, Convention Refugee Determination, Standard of Review, Procedural Fairness
Source Language
en
Immigration Law Refugee Law Administrative Law Credibility Findings Admissibility of New Evidence Convention Refugee Determination Standard of Review Procedural Fairness

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Parties

XXXX XXXX XXXX XXXX XXXX

Appellant

Elana Rose

Decision Maker, Refugee Appeal Division

Micheal Crane

Counsel for the Appellant

Minister of Immigration (Respondent)

Respondent

Procedural Posture

Refugee Appeal Under IRPA / Decision on Appeal to Refugee Appeal Division

  1. 1 Whether the Appellant's new evidence meets IRPA s.110 thresholds and is admissible
  2. 2 Whether the RPD erred in its adverse credibility finding on pivotal events
  3. 3 Whether the Appellant established a forward‑looking risk of persecution on return

Ratio Decidendi

The appeal is dismissed because the Appellant failed to meet the legal threshold for admitting new evidence under IRPA s.110 and the new materials are not credible or reliable; the RPD's adverse credibility findings on pivotal events were reasonable given internal inconsistencies and lack of corroboration; consequently the Appellant did not establish a risk that would qualify him as a Convention refugee or person in need of protection and the RPD decision is confirmed.

Court Disposition

Appeal dismissed; decision of the Refugee Protection Division dated December 23, 2020 is confirmed

Orders

  • Appeal dismissed and RPD decision confirmed that the Appellant is neither a Convention refugee nor a person in need of protection
  • New evidence not admitted and no oral hearing convened under subsection 110(6) IRPA