MB5-03387

MB5-03387

RAD confirmed RPD's adverse credibility finding as within RPD's advantage and supported on the record; fresh evidence admitted but not determinative; RPD's alternative finding of an Internal Flight Alternative stands; therefore appellants are neither Convention refugees under s.96 nor persons in need of protection under s.97 of IRPA and the appeal is dismissed.

Citation
MB5-03387
Parties
Principal Appellant: Mr. XXXX XXXX; Appellant Spouse: Ms. SonXXXX XXXX; Appellant Child: XXXX XXXX; Respondent: Minister (Canada)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
6 January 2016
Procedural Posture
Refugee Appeal Under Immigration and Refugee Protection Act / Appeal to Refugee Appeal Division (rad) From Refugee Protection Division (rpd) Decision
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Credibility Assessment, Internal Flight Alternative (ifa), Fresh Evidence Admission, Breach of Natural Justice, Deference and Standard of Review
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Assessment Internal Flight Alternative (ifa) Fresh Evidence Admission Breach of Natural Justice Deference and Standard of Review

Case Brief

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Parties

Mr. XXXX XXXX

Principal Appellant

Ms. SonXXXX XXXX

Appellant Spouse

XXXX XXXX

Appellant Child

Minister (Canada)

Respondent

Procedural Posture

Refugee Appeal Under Immigration and Refugee Protection Act / Appeal to Refugee Appeal Division (rad) From Refugee Protection Division (rpd) Decision

Legal Issues

  1. 1 Whether alleged incompetence of RPD counsel constituted breach of natural justice
  2. 2 Whether RPD erred in adverse credibility findings
  3. 3 Whether available country conditions and IFA negate protection claim

Ratio Decidendi

RAD confirmed RPD's adverse credibility finding as within RPD's advantage and supported on the record; fresh evidence admitted but not determinative; RPD's alternative finding of an Internal Flight Alternative stands; therefore appellants are neither Convention refugees under s.96 nor persons in need of protection under s.97 of IRPA and the appeal is dismissed.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed
  • Decision of the Refugee Protection Division confirmed