MB3-04247

MB3-04247

The RAD dismissed the appeal because there was no new admissible evidence and the RPD's adverse credibility findings were reasonable, adequately justified and fell within a range of acceptable outcomes; therefore the RPD's determination that the appellants are neither Convention refugees nor persons in need of protection was confirmed.

Citation
MB3-04247
Parties
Appellant: XXXX XXXX; Appellant (minor): XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
6 January 2014
Procedural Posture
Refugee Protection Appeal (rad Appeal of RPD Decision) / Reasons and Decision (appeal Considered and Dismissed)
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Credibility Assessment, Standard of Review, Deference to Tribunal Factfinding, Convention Refugee, Person in Need of Protection, Admissibility of Fresh Evidence
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Assessment Standard of Review Deference to Tribunal Factfinding Convention Refugee Person in Need of Protection +1 more

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Parties

XXXX XXXX

Appellant

XXXX XXXX

Appellant (minor)

Procedural Posture

Refugee Protection Appeal (rad Appeal of RPD Decision) / Reasons and Decision (appeal Considered and Dismissed)

Legal Issues

  1. 1 Whether the RPD erred in its credibility assessment of the appellants
  2. 2 What standard of review and degree of deference the RAD must apply to RPD credibility findings
  3. 3 Whether the RAD should hear the appeal de novo given no new admissible evidence

Ratio Decidendi

The RAD dismissed the appeal because there was no new admissible evidence and the RPD's adverse credibility findings were reasonable, adequately justified and fell within a range of acceptable outcomes; therefore the RPD's determination that the appellants are neither Convention refugees nor persons in need of protection was confirmed.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed
  • RPD determination confirmed that XXXX XXXX, XXXX XXXX, XXXX XXXX and XXXX XXXX are neither Convention refugees under section 96 of the Immigration and Refugee Protection Act nor persons in need of protection under section 97 of the Act