TB5-08940

TB5-08940

The RAD confirmed the RPD's refusal because the proffered documents are not admissible under s.110(4) (they predate the decision, were reasonably available and could have been expected to be presented to the RPD), the RPD's adverse credibility and risk findings are supported by the record, and no preconditions for an oral hearing exist; therefore the appeals are dismissed under s.111(1)(a) IRPA.

Citation
TB5-08940
Parties
Principal Appellant: XXXX XXXX; Minor Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
23 October 2015
Procedural Posture
Refugee Protection Appeal / Appeal to Refugee Appeal Division Following RPD Decision
Outcome
Appeals dismissed; RPD decision confirmed
Legal Topics
Admissibility of Evidence, Credibility Findings, Section 110(4) IRPA, Oral Hearing, Procedural Fairness, Risk Assessment, Deference to Tribunal
Source Language
English
Immigration Law Refugee Law Administrative Law Admissibility of Evidence Credibility Findings Section 110(4) IRPA Oral Hearing Procedural Fairness +2 more

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX

Minor Appellant

Procedural Posture

Refugee Protection Appeal / Appeal to Refugee Appeal Division Following RPD Decision

Legal Issues

  1. 1 Whether proposed evidence is admissible under s.110(4) IRPA
  2. 2 Whether new evidence is credible, relevant and material
  3. 3 Whether RPD erred in credibility and risk findings

Ratio Decidendi

The RAD confirmed the RPD's refusal because the proffered documents are not admissible under s.110(4) (they predate the decision, were reasonably available and could have been expected to be presented to the RPD), the RPD's adverse credibility and risk findings are supported by the record, and no preconditions for an oral hearing exist; therefore the appeals are dismissed under s.111(1)(a) IRPA.

Court Disposition

Appeals dismissed; RPD decision confirmed

Orders

  • Appeals dismissed and RPD decision confirmed pursuant to section 111(1)(a) IRPA
  • Proposed new evidence denied admission as inadmissible under section 110(4) IRPA