MB9-25911

MB9-25911

The RAD confirmed the RPD's negative credibility finding because the appellant's testimony contained material contradictions and omissions, his behaviour was inconsistent with a person fearing for his life, documentary evidence did not corroborate key assertions, and newly proffered affidavit evidence was inadmissible or would not cure the credibility defects; accordingly the appellant is not a Convention refugee nor a person in need of protection.

Citation
MB9-25911
Parties
Person Who Is the Subject of the Appeal: XXXX XXXX XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
1 December 2020
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Decision on Appeal (reasons and Decision)
Outcome
Appeal dismissed; RPD determination confirmed
Legal Topics
Credibility Assessment, Plausibility Findings, Admissibility of New Evidence, Standard of Review
Source Language
English
Immigration Refugee Law Administrative Law Evidence Law Credibility Assessment Plausibility Findings Admissibility of New Evidence Standard of Review

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Parties

XXXX XXXX XXXX XXXX

Person Who Is the Subject of the Appeal

Minister

Respondent

Procedural Posture

Refugee Appeal (refugee Appeal Division) / Decision on Appeal (reasons and Decision)

Legal Issues

  1. 1 Whether the appellant's testimony was credible
  2. 2 Whether the RPD's implausibility finding was justified
  3. 3 Whether affidavit evidence filed on appeal was admissible under IRPA s.110(4)

Ratio Decidendi

The RAD confirmed the RPD's negative credibility finding because the appellant's testimony contained material contradictions and omissions, his behaviour was inconsistent with a person fearing for his life, documentary evidence did not corroborate key assertions, and newly proffered affidavit evidence was inadmissible or would not cure the credibility defects; accordingly the appellant is not a Convention refugee nor a person in need of protection.

Court Disposition

Appeal dismissed; RPD determination confirmed

Orders

  • Appeal dismissed; appellant declared not to be a Convention refugee nor a person in need of protection