MB4-00105

MB4-00105

The RAD confirms the RPD's adverse credibility findings as reasonable and within a range of acceptable outcomes; no new admissible evidence or basis to hold a RAD hearing under s.110(6); therefore the appellants are not Convention refugees nor persons in need of protection and the appeal is dismissed.

Citation
MB4-00105
Parties
Appellant Principal Claimant: XXXX XXXX; Dependent Minor Claimant: XXXXXX XXXX; Intervener: Minister of Public Safety Canada
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
21 March 2014
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Decision on Appeal Dismissal Confirming RPD Determination
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Credibility Assessment, Standard of Review, Appeal Procedure, Admissibility of New Evidence, Convention Refugee, Person in Need of Protection
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Assessment Standard of Review Appeal Procedure Admissibility of New Evidence Convention Refugee +1 more

Case Brief

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Parties

XXXX XXXX

Appellant Principal Claimant

XXXXXX XXXX

Dependent Minor Claimant

Minister of Public Safety Canada

Intervener

Procedural Posture

Refugee Appeal (refugee Appeal Division) / Decision on Appeal Dismissal Confirming RPD Determination

Legal Issues

  1. 1 Whether the Refugee Protection Division erred in assessing the appellant's credibility
  2. 2 Whether documentary evidence on appeal warranted a RAD hearing under subsection 110(6) IRPA
  3. 3 What standard of review applies to RAD review of RPD credibility findings

Ratio Decidendi

The RAD confirms the RPD's adverse credibility findings as reasonable and within a range of acceptable outcomes; no new admissible evidence or basis to hold a RAD hearing under s.110(6); therefore the appellants are not Convention refugees nor persons in need of protection and the appeal is dismissed.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed
  • Refugee Protection Division determination confirmed that appellants are neither Convention refugees under s.96 IRPA nor persons in need of protection under s.97 IRPA