MB3-03958

MB3-03958

The RAD confirmed the RPD because the RPD's negative credibility finding was reasonable and determinative on the balance of probabilities; the new and late evidence was properly refused as not meeting statutory and Raza materiality and reliability tests, much of the corroborative documentation was unreliable or likely fabricated, and therefore the Appellants failed to establish nexus or risk required for refugee or protection status.

Citation
MB3-03958
Parties
Appellant Principal: XXXX XXXX; Appellant Spouse: XXXX XXXX; Appellant Child: XXXX XXXX; Respondent Minister: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
27 January 2014
Procedural Posture
Refugee Protection Appeal (rad Review of RPD Decision) / Decision on Appeal (reasons and Determination)
Outcome
Appeal dismissed; RPD determination confirmed: Appellants are neither Convention refugees nor persons in need of protection.
Legal Topics
Credibility Assessment, Admission of New Evidence, Blood Feud Risk, Standard of Review, Internal Flight Alternative (ifa)
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Assessment Admission of New Evidence Blood Feud Risk Standard of Review Internal Flight Alternative (ifa)

Case Brief

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Parties

XXXX XXXX

Appellant Principal

XXXX XXXX

Appellant Spouse

XXXX XXXX

Appellant Child

Minister

Respondent Minister

Procedural Posture

Refugee Protection Appeal (rad Review of RPD Decision) / Decision on Appeal (reasons and Determination)

Legal Issues

  1. 1 Whether RAD should admit new or late evidence and grant an oral hearing
  2. 2 Whether the RPD made unreasonable credibility findings
  3. 3 Whether there is a nexus to a Convention ground (membership of a particular social group)

Ratio Decidendi

The RAD confirmed the RPD because the RPD's negative credibility finding was reasonable and determinative on the balance of probabilities; the new and late evidence was properly refused as not meeting statutory and Raza materiality and reliability tests, much of the corroborative documentation was unreliable or likely fabricated, and therefore the Appellants failed to establish nexus or risk required for refugee or protection status.

Court Disposition

Appeal dismissed; RPD determination confirmed: Appellants are neither Convention refugees nor persons in need of protection.

Orders

  • Confirm RPD decision rejecting refugee protection claims
  • Refuse admission of the new and late evidence and deny oral hearing