MB4-01799

MB4-01799

The RAD confirmed the RPD because the documents offered as new evidence (revised police report and medical certificate) were inconsistent with earlier records and testimony, lacked credible explanation for alterations, therefore failed the Raza criteria and did not constitute admissible new evidence; absent admissible new evidence the appellants were not eligible for an oral hearing and the RPD's credibility findings were within a range of acceptable conclusions so the appellants failed to meet the burden of proof.

Citation
MB4-01799
Parties
Principal Appellant: Mr. XXXX XXXX XXXX; Co Appellant / Spouse: Ms. XXXX XXXX XXXX; Co Appellant / Dependent Child: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
23 October 2014
Procedural Posture
Refugee Appeal Under the Immigration and Refugee Protection Act (irpa) / Decision on Appeal by the Refugee Appeal Division (rad) Confirming RPD Determination
Outcome
Appeal dismissed; RPD determination confirmed
Legal Topics
Credibility Assessment, Admission of New Evidence, Standard of Review / Deference, Eligibility for Oral Hearing
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Assessment Admission of New Evidence Standard of Review / Deference Eligibility for Oral 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 4 Authorities cited 12 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Mr. XXXX XXXX XXXX

Principal Appellant

Ms. XXXX XXXX XXXX

Co Appellant / Spouse

XXXX XXXX XXXX

Co Appellant / Dependent Child

Procedural Posture

Refugee Appeal Under the Immigration and Refugee Protection Act (irpa) / Decision on Appeal by the Refugee Appeal Division (rad) Confirming RPD Determination

Legal Issues

  1. 1 Whether the RPD erred in its credibility findings
  2. 2 Whether newly submitted documents (Exhibits A1 and A2) meet the test for admission to RAD under s.110 and Raza
  3. 3 Whether the appellants are eligible for an oral hearing under IRPA s.110(6)

Ratio Decidendi

The RAD confirmed the RPD because the documents offered as new evidence (revised police report and medical certificate) were inconsistent with earlier records and testimony, lacked credible explanation for alterations, therefore failed the Raza criteria and did not constitute admissible new evidence; absent admissible new evidence the appellants were not eligible for an oral hearing and the RPD's credibility findings were within a range of acceptable conclusions so the appellants failed to meet the burden of proof.

Court Disposition

Appeal dismissed; RPD determination confirmed

Orders

  • RAD confirms RPD decision denying refugee protection
  • Exhibits A1 and A2 (revised police report and medical certificate) are rejected as inadmissible new evidence