TB9-13152

TB9-13152

The appeal is dismissed because the Appellant failed to establish a well‑founded fear of persecution or, on the balance of probabilities, s.97 harm: most proffered new evidence was inadmissible under s.110(4) IRPA, the limited admissible evidence (baptism certificate and two affidavit paragraphs) did not demonstrate...

Source-derived case information.

Citation
TB9-13152
Parties
Appellant: XXXX XXXX XXXX XXXXa.k.a. XXXX XXXX XXXX XXXX XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
18 January 2021
Procedural Posture
Refugee Appeal (rad Review of RPD Decision) / Decision on Appeal (written Reasons)
Outcome
Appeal dismissed; RPD decision confirmed; Appellant found neither a Convention refugee nor a person in need of protection.
Legal Topics
Convention Refugee, Person in Need of Protection (s.97 Irpa), New Evidence Admissibility (s.110(4) Irpa), Credibility and Subjective Fear, Gender‑based Persecution, Religious Conversion, Honour Killings
Source Language
en
Immigration Refugee Law Administrative Law Evidence Law Convention Refugee Person in Need of Protection (s.97 Irpa) New Evidence Admissibility (s.110(4) Irpa) Credibility and Subjective Fear +3 more

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Parties

XXXX XXXX XXXX XXXXa.k.a. XXXX XXXX XXXX XXXX XXXX XXXX

Appellant

Minister

Respondent

Procedural Posture

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

  1. 1 Whether the Appellant is a Convention refugee
  2. 2 Whether the Appellant is a person in need of protection under section 97 IRPA
  3. 3 Whether the new evidence meets the s.110(4) IRPA threshold and is credible/relevant/new

Ratio Decidendi

The appeal is dismissed because the Appellant failed to establish a well‑founded fear of persecution or, on the balance of probabilities, s.97 harm: most proffered new evidence was inadmissible under s.110(4) IRPA, the limited admissible evidence (baptism certificate and two affidavit paragraphs) did not demonstrate a forward‑facing risk, interactions with family did not show motivation or means to harm after 25 years of independent residence abroad, and country documentation does not establish a serious possibility of harm to a person with the Appellant's profile.

Court Disposition

Appeal dismissed; RPD decision confirmed; Appellant found neither a Convention refugee nor a person in need of protection.

Orders

  • Appeal dismissed
  • RPD decision confirmed