TB8-08227

TB8-08227

Appeal dismissed because the RAD found no breach of natural justice from prior counsel's conduct, the RPD's adverse credibility and implausibility findings were reasonable and supported by the record, the admitted new evidence would not alter the outcome, and the appellant has not demonstrated a serious possibility of persecution or that state protection is unavailable in Serbia; therefore the RPD decision is confirmed.

Citation
TB8-08227
Parties
Appellant / Person Who Is the Subject of the Appeal: XXXX XXXX; Respondent / Minister: Minister of Citizenship and Immigration
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
24 January 2022
Procedural Posture
Refugee Appeal Under the Immigration and Refugee Protection Act / Final Decision on Appeal by the Refugee Appeal Division (rad)
Outcome
Appeal denied; RPD decision confirmed
Legal Topics
Credibility, Procedural Fairness, Admission of New Evidence, Ineffective Assistance of Counsel, Human Trafficking, Domestic Violence, Ethnic Discrimination, State Protection
Source Language
English
Immigration Law Refugee Law Administrative Law Criminal Law Credibility Procedural Fairness Admission of New Evidence Ineffective Assistance of Counsel +4 more

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Parties

XXXX XXXX

Appellant / Person Who Is the Subject of the Appeal

Minister of Citizenship and Immigration

Respondent / Minister

Procedural Posture

Refugee Appeal Under the Immigration and Refugee Protection Act / Final Decision on Appeal by the Refugee Appeal Division (rad)

Legal Issues

  1. 1 Whether prior counsel's performance breached natural justice
  2. 2 Admissibility of new evidence under subsection 110(4) IRPA
  3. 3 Assessment of claimant credibility and plausibility

Ratio Decidendi

Appeal dismissed because the RAD found no breach of natural justice from prior counsel's conduct, the RPD's adverse credibility and implausibility findings were reasonable and supported by the record, the admitted new evidence would not alter the outcome, and the appellant has not demonstrated a serious possibility of persecution or that state protection is unavailable in Serbia; therefore the RPD decision is confirmed.

Court Disposition

Appeal denied; RPD decision confirmed

Orders

  • Appeal dismissed and RPD decision of February 20, 2018 is confirmed pursuant to paragraph 111(1)(a) of the IRPA