MB4-01434

MB4-01434

The RAD confirmed the RPD's adverse credibility finding as adequately supported by the record and not palpably and overridingly erroneous; because credibility was dispositive the RAD did not need to reassess state protection and thus dismissed the appeal and confirmed the RPD decision.

Citation
MB4-01434
Parties
Principal Appellant: Mr. XXXX XXXX XXXX; Co Appellant (common Law Spouse): Ms. XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
15 September 2014
Procedural Posture
Refugee Appeal to the Refugee Appeal Division (rad) From an RPD Refusal / RAD Decision Confirming RPD Determination; Appeal Dismissed
Outcome
Appeal dismissed; RAD confirms RPD that appellants are neither Convention refugees nor persons in need of protection
Legal Topics
Credibility Assessment, State Protection Assessment, Convention Refugee Determination (s.96 Irpa), Person in Need of Protection (s.97 Irpa), Standard of Intervention / Deference
Source Language
English
Immigration Law Refugee Law Administrative Law Judicial Review / Standard of Intervention Credibility Assessment State Protection Assessment Convention Refugee Determination (s.96 Irpa) Person in Need of Protection (s.97 Irpa) +1 more

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Parties

Mr. XXXX XXXX XXXX

Principal Appellant

Ms. XXXX XXXX XXXX

Co Appellant (common Law Spouse)

Procedural Posture

Refugee Appeal to the Refugee Appeal Division (rad) From an RPD Refusal / RAD Decision Confirming RPD Determination; Appeal Dismissed

Legal Issues

  1. 1 Whether the RPD erred in making an adverse credibility finding
  2. 2 Whether the RPD misapplied the state protection test
  3. 3 Standard of intervention/deference owed to RPD findings

Ratio Decidendi

The RAD confirmed the RPD's adverse credibility finding as adequately supported by the record and not palpably and overridingly erroneous; because credibility was dispositive the RAD did not need to reassess state protection and thus dismissed the appeal and confirmed the RPD decision.

Court Disposition

Appeal dismissed; RAD confirms RPD that appellants are neither Convention refugees nor persons in need of protection

Orders

  • Appeal dismissed
  • RPD decision of March 25, 2014 confirmed by RAD on September 15, 2014