TB3-09611

TB3-09611

The RAD confirmed the RPD decision because the Appellant provided no new evidence, the RPD's adverse credibility findings and its conclusion that the presumption of adequate state protection was not rebutted were reasonable and within a range of acceptable outcomes, and procedural fairness and bias allegations were unfounded; therefore the Appellant is neither a Convention refugee nor a person in need of protection.

Citation
TB3-09611
Parties
Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
23 April 2014
Procedural Posture
Refugee Appeal (rad Review of RPD Decision) / Decision on the Record; No New Evidence; Request for Oral Hearing Denied
Outcome
Appeal dismissed; decision of the RPD confirmed
Legal Topics
Credibility, State Protection, Nexus to Convention Grounds, Procedural Fairness, Bias, Standard of Review, Oral Hearing Threshold
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility State Protection Nexus to Convention Grounds Procedural Fairness Bias +2 more

Case Brief

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Parties

XXXX XXXX

Appellant

Procedural Posture

Refugee Appeal (rad Review of RPD Decision) / Decision on the Record; No New Evidence; Request for Oral Hearing Denied

Legal Issues

  1. 1 Whether the Appellant is a Convention refugee or person in need of protection
  2. 2 Whether the Appellant's evidence is credible
  3. 3 Whether there is nexus between the fear and a Convention ground

Ratio Decidendi

The RAD confirmed the RPD decision because the Appellant provided no new evidence, the RPD's adverse credibility findings and its conclusion that the presumption of adequate state protection was not rebutted were reasonable and within a range of acceptable outcomes, and procedural fairness and bias allegations were unfounded; therefore the Appellant is neither a Convention refugee nor a person in need of protection.

Court Disposition

Appeal dismissed; decision of the RPD confirmed

Orders

  • Appeal dismissed
  • Decision of the Refugee Protection Division confirmed