MB5-01238

MB5-01238

RAD confirmed the RPD because the RPD's adverse credibility findings were reasonable on the evidence, the newly admitted material did not alter the assessment, and the appellants therefore failed to establish they are Convention refugees or persons in need of protection.

Citation
MB5-01238
Parties
Principal Appellant: XXXX XXXX; Co Appellant Minor: XXXX XXXX; Designated Representative: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
27 August 2015
Procedural Posture
Refugee Appeal Refugee Appeal Division (rad) / Appeal Decision (rad)
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Credibility Assessment, Convention Refugee Determination (s.96 Irpa), Person in Need of Protection (s.97 Irpa), Admissibility of New Evidence (s.110(4) Irpa), Deference to RPD Findings
Source Language
English
Immigration Refugee Law Administrative Law Credibility Assessment Convention Refugee Determination (s.96 Irpa) Person in Need of Protection (s.97 Irpa) Admissibility of New Evidence (s.110(4) Irpa) Deference to RPD Findings

Case Brief

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX

Co Appellant Minor

XXXX XXXX

Designated Representative

Procedural Posture

Refugee Appeal Refugee Appeal Division (rad) / Appeal Decision (rad)

Legal Issues

  1. 1 Whether the RPD erred in its adverse credibility findings concerning alleged gender-related persecution by husband
  2. 2 Whether the RPD erred in assessing risk arising from alleged renunciation of Islam and the operation of Sharia in Lebanon
  3. 3 Whether new evidence should be admitted and whether an oral hearing should be granted

Ratio Decidendi

RAD confirmed the RPD because the RPD's adverse credibility findings were reasonable on the evidence, the newly admitted material did not alter the assessment, and the appellants therefore failed to establish they are Convention refugees or persons in need of protection.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed
  • RPD determination confirmed