MB4-00642

MB4-00642

The RAD applied a reasonableness standard and concluded the RPD's decision identifying a material contradiction, evasive testimony on key points and an unexplained delay in claiming was defensible; therefore the Appellants failed to prove their claims on a balance of probabilities and the RPD decision is confirmed.

Citation
MB4-00642
Parties
Principal Appellant: XXXX XXXX; Accompanying Appellant (spouse): XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
3 June 2014
Procedural Posture
Refugee Protection Appeal / Decision on Appeal by Refugee Appeal Division (rad); Confirmation of RPD Decision
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Credibility Assessment, Internal Flight Alternative, Delay in Claiming, Standard of Review, Request for Hearing
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Assessment Internal Flight Alternative Delay in Claiming Standard of Review Request for Hearing

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 4 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

XXXX XXXX

Principal Appellant

XXXX XXXX

Accompanying Appellant (spouse)

Procedural Posture

Refugee Protection Appeal / Decision on Appeal by Refugee Appeal Division (rad); Confirmation of RPD Decision

Legal Issues

  1. 1 Whether the RPD made unreasonable credibility findings
  2. 2 Whether the Appellants meet the definition of a Convention refugee (s.96 IRPA) or person in need of protection (s.97 IRPA)
  3. 3 Whether an oral hearing before the RAD is required

Ratio Decidendi

The RAD applied a reasonableness standard and concluded the RPD's decision identifying a material contradiction, evasive testimony on key points and an unexplained delay in claiming was defensible; therefore the Appellants failed to prove their claims on a balance of probabilities and the RPD decision is confirmed.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • The determination of the Refugee Protection Division is confirmed that Ms. XXXX XXXX and Mr. XXXX XXXX are neither Convention refugees nor persons in need of protection
  • Request for an oral hearing before the RAD is denied