MB5-00725

MB5-00725

The RAD confirmed the RPD's decision because the Appellants' allegations were undermined by cumulative credibility defects, the proffered new evidence was not material or sufficiently trustworthy under s.110(4) IRPA, there was no statutory basis for an oral hearing, and the Appellants therefore failed to prove on a balance of probabilities that they are Convention refugees or persons in need of protection under ss.96 or 97 IRPA.

Citation
MB5-00725
Parties
Principal Appellant: Ms. XXXX XXXX XXXX XXXX; Accompanying Minor, Dependent Son: XXXX XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
24 April 2014
Procedural Posture
Refugee Appeal From Refugee Protection Division Decision Under IRPA / Final Decision by Refugee Appeal Division Confirming RPD Decision
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Convention Refugee, Person in Need of Protection, Credibility Assessment, Admissibility of New Evidence (s.110(4) Irpa), Deference and Standard of Review
Source Language
English
Immigration Law Refugee Law Administrative Law Evidence Law Convention Refugee Person in Need of Protection Credibility Assessment Admissibility of New Evidence (s.110(4) Irpa) +1 more

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Parties

Ms. XXXX XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX XXXX

Accompanying Minor, Dependent Son

Procedural Posture

Refugee Appeal From Refugee Protection Division Decision Under IRPA / Final Decision by Refugee Appeal Division Confirming RPD Decision

Legal Issues

  1. 1 Did the RPD err in its credibility findings?
  2. 2 Are the documents submitted under s.110(4) IRPA new and material?
  3. 3 Is an oral hearing required under ss.110(3) or 110(6) IRPA?

Ratio Decidendi

The RAD confirmed the RPD's decision because the Appellants' allegations were undermined by cumulative credibility defects, the proffered new evidence was not material or sufficiently trustworthy under s.110(4) IRPA, there was no statutory basis for an oral hearing, and the Appellants therefore failed to prove on a balance of probabilities that they are Convention refugees or persons in need of protection under ss.96 or 97 IRPA.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • The decision of the Refugee Protection Division dated September 4, 2014 is confirmed
  • The appeal is dismissed