MB4-04547

MB4-04547

The RAD confirmed the RPD because the appellant failed to establish credibility on central factual assertions, corroborating and newly admissible evidence was not central or determinative and would not have changed the outcome, and therefore there is no serious possibility of persecution or need for protection on return to the DRC.

Citation
MB4-04547
Parties
Appellant / Person Who Is the Subject of the Appeal: XXXX XXXX XXXX; Respondent: Minister (Canada)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
7 July 2015
Procedural Posture
Refugee Appeal Under IRPA / Decision on Appeal by Refugee Appeal Division (rad) Confirming RPD Rejection
Outcome
Appeal dismissed; RAD confirms RPD decision rejecting refugee protection claim
Legal Topics
Credibility Assessment, Admissibility of New Evidence, Standard of Review/scope of Appeal, Country Conditions Evidence, Procedural Fairness
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Assessment Admissibility of New Evidence Standard of Review/scope of Appeal Country Conditions Evidence Procedural Fairness

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 17 Party arguments 2
Sign in to unlock

Parties

XXXX XXXX XXXX

Appellant / Person Who Is the Subject of the Appeal

Minister (Canada)

Respondent

Procedural Posture

Refugee Appeal Under IRPA / Decision on Appeal by Refugee Appeal Division (rad) Confirming RPD Rejection

Legal Issues

  1. 1 Whether the RPD erred in assessing the appellant's credibility
  2. 2 Whether documents submitted on appeal are admissible under s.110(4) IRPA
  3. 3 Whether admissible new evidence warrants a hearing under s.110(6) IRPA

Ratio Decidendi

The RAD confirmed the RPD because the appellant failed to establish credibility on central factual assertions, corroborating and newly admissible evidence was not central or determinative and would not have changed the outcome, and therefore there is no serious possibility of persecution or need for protection on return to the DRC.

Court Disposition

Appeal dismissed; RAD confirms RPD decision rejecting refugee protection claim

Orders

  • Refugee Protection Division determination confirmed
  • Appeal dismissed