MB4-00402

MB4-00402

The RAD confirmed the RPD's adverse credibility findings as reasonable: inconsistencies and implausibilities in the Appellant's account about his stay in the UK, insufficient and unpersuasive corroborative evidence, and evidence of resources and conduct inconsistent with his claimed risk cumulatively rendered the claim not established on a balance of probabilities; accordingly the Appellant is neither a Convention refugee nor a person in need of protection.

Citation
MB4-00402
Parties
Appellant (person Who Is the Subject of the Appeal): XXXX XXXX XXXX; Respondent (minister): Minister of Citizenship and Immigration
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
18 June 2014
Procedural Posture
Immigration and Refugee Appeal / Appeal to Refugee Appeal Division (rad); Review of RPD Credibility Findings; No New Evidence or Oral Hearing Requested
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Credibility Assessment, Convention Refugee Status, Person in Need of Protection, Corroboration of Allegations, Standard of Review
Source Language
English
Immigration Refugee Law Administrative Law Credibility Assessment Convention Refugee Status Person in Need of Protection Corroboration of Allegations Standard of Review

Case Brief

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Parties

XXXX XXXX XXXX

Appellant (person Who Is the Subject of the Appeal)

Minister of Citizenship and Immigration

Respondent (minister)

Procedural Posture

Immigration and Refugee Appeal / Appeal to Refugee Appeal Division (rad); Review of RPD Credibility Findings; No New Evidence or Oral Hearing Requested

Legal Issues

  1. 1 Whether the RPD erred in treating the Appellant's failure to claim asylum in the UK as a credibility concern
  2. 2 Whether the RPD erred in assessing and weighing corroborative evidence and other credibility indicators
  3. 3 Appropriate standard of review for RAD's assessment of RPD credibility findings

Ratio Decidendi

The RAD confirmed the RPD's adverse credibility findings as reasonable: inconsistencies and implausibilities in the Appellant's account about his stay in the UK, insufficient and unpersuasive corroborative evidence, and evidence of resources and conduct inconsistent with his claimed risk cumulatively rendered the claim not established on a balance of probabilities; accordingly the Appellant is neither a Convention refugee nor a person in need of protection.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed
  • Refugee Protection Division determination of December 20, 2013 is confirmed: appellant is neither a Convention refugee under s.96 IRPA nor a person in need of protection under s.97 IRPA