MB4-02099

MB4-02099

The RAD confirmed the RPD because the appellants failed to prove their story on the balance of probabilities due to multiple, significant credibility defects, the purported new lease evidence is not credible or material given contradictions and demonstrated capacity to falsify documents, and therefore admission of the new evidence and an oral hearing were denied and the RPD decision stands.

Citation
MB4-02099
Parties
Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
26 November 2014
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Final Decision (rad)
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Credibility Assessment, Admission of New Evidence, Convention Refugee Determination, Internal Flight Alternative, Standard of Review/deference
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Assessment Admission of New Evidence Convention Refugee Determination Internal Flight Alternative Standard of Review/deference

Case Brief

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Parties

XXXX XXXX

Appellant

Procedural Posture

Refugee Appeal (refugee Appeal Division) / Final Decision (rad)

Legal Issues

  1. 1 Whether the RPD erred in its credibility findings
  2. 2 Whether new evidence should be admitted under IRPA s.110(4) and the Raza criteria (credibility, newness, relevance, materiality)
  3. 3 Whether appellants meet definition of Convention refugee (s.96 IRPA) or person in need of protection (s.97 IRPA)

Ratio Decidendi

The RAD confirmed the RPD because the appellants failed to prove their story on the balance of probabilities due to multiple, significant credibility defects, the purported new lease evidence is not credible or material given contradictions and demonstrated capacity to falsify documents, and therefore admission of the new evidence and an oral hearing were denied and the RPD decision stands.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • New evidence (lease and father's letter) not admitted to the RAD record
  • Request for an oral hearing before the RAD denied