MB4-03745

MB4-03745

RAD found no breach of procedural fairness and no palpable and overriding error in the RPD's credibility findings; having reviewed the record independently, RAD concluded the RPD's adverse credibility findings were justified and confirmed the RPD's refusal of refugee protection.

Citation
MB4-03745
Parties
Appellant / Person in Cause: XXXX XXXX XXXX; Respondent / Intervenor: Minister of Public Safety Canada
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
14 April 2015
Procedural Posture
Refugee Appeal Under Immigration and Refugee Protection Act / Decision on Appeal by Refugee Appeal Division (rad) Confirming RPD Refusal
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Credibility Assessment, Procedural Fairness, Standard of Review, Appellate Role of RAD, Convention Refugee Status, Person in Need of Protection
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Assessment Procedural Fairness Standard of Review Appellate Role of RAD Convention Refugee Status +1 more

Case Brief

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Parties

XXXX XXXX XXXX

Appellant / Person in Cause

Minister of Public Safety Canada

Respondent / Intervenor

Procedural Posture

Refugee Appeal Under Immigration and Refugee Protection Act / Decision on Appeal by Refugee Appeal Division (rad) Confirming RPD Refusal

Legal Issues

  1. 1 Whether the Refugee Protection Division (RPD) breached procedural fairness in assessing credibility
  2. 2 Whether the RPD erred in its credibility findings to the extent of committing a palpable and overriding error
  3. 3 Appropriate standard and scope of RAD review of RPD decisions

Ratio Decidendi

RAD found no breach of procedural fairness and no palpable and overriding error in the RPD's credibility findings; having reviewed the record independently, RAD concluded the RPD's adverse credibility findings were justified and confirmed the RPD's refusal of refugee protection.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed
  • Confirmation that appellant is not a Convention refugee under s.96 IRPA and not a person in need of protection under s.97 IRPA