MB4-04611

MB4-04611

The RAD confirmed the RPD because the Appellant failed to meet the balance of probabilities: his account contained logical inconsistencies and implausibilities and lacked corroborative documentation that it was reasonable to expect; the RPD's credibility assessment was not in error and the request for an oral hearing was denied because no new evidence was filed and the statutory scheme does not provide for a hearing in these circumstances.

Citation
MB4-04611
Parties
Appellant / Person Who Is the Subject of the Appeal: XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
14 May 2015
Procedural Posture
Refugee Protection Appeal Under the Immigration and Refugee Protection Act / Appeal to the Refugee Appeal Division After RPD Denial; Decision on Appeal (no Oral Hearing)
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Convention Refugee, Person in Need of Protection, Credibility Assessment, Corroboration, Request for Oral Hearing
Source Language
English
Immigration Law Refugee Law Administrative Law Convention Refugee Person in Need of Protection Credibility Assessment Corroboration Request for Oral Hearing

Case Brief

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Parties

XXXX XXXX

Appellant / Person Who Is the Subject of the Appeal

Minister

Respondent

Procedural Posture

Refugee Protection Appeal Under the Immigration and Refugee Protection Act / Appeal to the Refugee Appeal Division After RPD Denial; Decision on Appeal (no Oral Hearing)

Legal Issues

  1. 1 Whether the RPD erred in its credibility finding
  2. 2 Whether the absence of corroborative evidence could reasonably be explained
  3. 3 Whether an oral hearing should be granted on appeal

Ratio Decidendi

The RAD confirmed the RPD because the Appellant failed to meet the balance of probabilities: his account contained logical inconsistencies and implausibilities and lacked corroborative documentation that it was reasonable to expect; the RPD's credibility assessment was not in error and the request for an oral hearing was denied because no new evidence was filed and the statutory scheme does not provide for a hearing in these circumstances.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed
  • Refugee Protection Division decision of October 16, 2014 confirmed