MB4-04612

MB4-04612

The RPD's adverse credibility findings were supported by multiple, material inconsistencies and omissions in the appellant's testimony and documentary evidence (passport/exit-stamp timeline, changing account of travel documents and relationships, failure to produce corroborating evidence earlier). Procedural fairness breaches were not established on the record. Most newly filed documents were either already before the RPD, not new, or not sufficiently probative to change the outcome. Because the appellant's credibility was fatally undermined on matters central to the claim, the RAD must and did confirm the RPD's determination rejecting refugee protection.

Citation
MB4-04612
Parties
Appellant / Person Who Is the Subject of the Appeal: XXXX XXXX XXXX; Respondent: Minister (respondent)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
16 September 2015
Procedural Posture
Refugee Protection Appeal to Refugee Appeal Division / Decision on Appeal (confirmation of RPD Determination)
Outcome
Appeal dismissed; RPD determination confirmed that appellant is not a Convention refugee nor a person in need of protection
Legal Topics
Convention Refugee, Person in Need of Protection, Credibility Assessment, Admissibility of Fresh Evidence Under S.110(4) IRPA, Membership in a Particular Social Group, Sexual Orientation
Source Language
English
Immigration Refugee Law Administrative Law Procedural Fairness Evidence Law Convention Refugee Person in Need of Protection Credibility Assessment +3 more

Case Brief

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Parties

XXXX XXXX XXXX

Appellant / Person Who Is the Subject of the Appeal

Minister (respondent)

Respondent

Procedural Posture

Refugee Protection Appeal to Refugee Appeal Division / Decision on Appeal (confirmation of RPD Determination)

Legal Issues

  1. 1 Whether the RPD erred in assessing the appellant's credibility and whether that error vitiated the decision
  2. 2 Whether the RPD breached procedural fairness
  3. 3 Whether documents D-12 to D-18 constitute admissible fresh evidence under s.110(4) IRPA

Ratio Decidendi

The RPD's adverse credibility findings were supported by multiple, material inconsistencies and omissions in the appellant's testimony and documentary evidence (passport/exit-stamp timeline, changing account of travel documents and relationships, failure to produce corroborating evidence earlier). Procedural fairness breaches were not established on the record. Most newly filed documents were either already before the RPD, not new, or not sufficiently probative to change the outcome. Because the appellant's credibility was fatally undermined on matters central to the claim, the RAD must and did confirm the RPD's determination rejecting refugee protection.

Court Disposition

Appeal dismissed; RPD determination confirmed that appellant is not a Convention refugee nor a person in need of protection

Orders

  • Appeal dismissed and RPD decision confirmed