TB6-00497

TB6-00497

The RAD confirmed the RPD because the appellants presented no new admissible evidence, the RPD's findings of fact (including reliance on the mother's narrative and limited accepted facts) were reasonable and supported by the record, the RPD applied the correct legal test and balance of probabilities to section 97 and reasonably concluded the minors would not face the risks in section 97, and no oral hearing was required under section 110.

Citation
TB6-00497
Parties
Appellant (minor): XXXX XXXX XXXX XXXX XXXX; Designated Representative (mother): XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
17 March 2016
Procedural Posture
Refugee Appeal (rad Review of RPD Decision) / Decision on Appeal; No New Evidence; Appeal Dismissed
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Section 96 IRPA, Section 97 IRPA, Credibility Findings, Standard of Review / Deference, Oral Hearing Under Section 110 IRPA
Source Language
English
Immigration Law Refugee Law Administrative Law Section 96 IRPA Section 97 IRPA Credibility Findings Standard of Review / Deference Oral Hearing Under Section 110 IRPA

Case Brief

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Parties

XXXX XXXX XXXX XXXX XXXX

Appellant (minor)

XXXX XXXX

Designated Representative (mother)

Procedural Posture

Refugee Appeal (rad Review of RPD Decision) / Decision on Appeal; No New Evidence; Appeal Dismissed

Legal Issues

  1. 1 Whether the RPD erred in failing to consider the appellants' claims under section 97 of IRPA
  2. 2 Whether the RPD failed to consider disclosed documentary evidence
  3. 3 Whether an oral hearing was required under section 110(6) IRPA

Ratio Decidendi

The RAD confirmed the RPD because the appellants presented no new admissible evidence, the RPD's findings of fact (including reliance on the mother's narrative and limited accepted facts) were reasonable and supported by the record, the RPD applied the correct legal test and balance of probabilities to section 97 and reasonably concluded the minors would not face the risks in section 97, and no oral hearing was required under section 110.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed; RPD decision confirmed pursuant to section 111(1)(a) of the Immigration and Refugee Protection Act