MB5-01422

MB5-01422

The RAD confirmed the RPD's adverse credibility finding because documentary evidence contradicted a core factual allegation (the appellant's claim that the Taj Hotel was attacked on July 13, 2011), this contradiction irreparably undermined the essential foundation of his claim, and additional implausibilities (retention of passport, delays in leaving India and in claiming protection) cumulatively defeated credibility; no palpable and overriding error was shown and the RPD determination was therefore confirmed.

Citation
MB5-01422
Parties
Appellant: XXXX XXXX; Respondent/intervenor: Minister of Public Safety and Emergency Preparedness Canada
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
6 October 2015
Procedural Posture
Refugee Appeal Under IRPA / Decision by Refugee Appeal Division; No New Evidence and No Hearing Requested
Outcome
Appeal dismissed; RPD decision confirmed that appellant is not a Convention refugee under s.96 IRPA and not a person in need of protection under s.97 IRPA.
Legal Topics
Credibility Assessment, Standard of Review on Appeal, Convention Refugee Status, Person in Need of Protection, Minister Intervention
Source Language
English
Immigration Refugee Law Administrative Law Credibility Assessment Standard of Review on Appeal Convention Refugee Status Person in Need of Protection Minister Intervention

Case Brief

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Parties

XXXX XXXX

Appellant

Minister of Public Safety and Emergency Preparedness Canada

Respondent/intervenor

Procedural Posture

Refugee Appeal Under IRPA / Decision by Refugee Appeal Division; No New Evidence and No Hearing Requested

Legal Issues

  1. 1 Whether the RPD erred in its assessment of the appellant's credibility
  2. 2 Whether the appellant is a Convention refugee under s.96 IRPA or a person in need of protection under s.97 IRPA
  3. 3 What standard of review or intervention the RAD must apply when reviewing RPD credibility findings

Ratio Decidendi

The RAD confirmed the RPD's adverse credibility finding because documentary evidence contradicted a core factual allegation (the appellant's claim that the Taj Hotel was attacked on July 13, 2011), this contradiction irreparably undermined the essential foundation of his claim, and additional implausibilities (retention of passport, delays in leaving India and in claiming protection) cumulatively defeated credibility; no palpable and overriding error was shown and the RPD determination was therefore confirmed.

Court Disposition

Appeal dismissed; RPD decision confirmed that appellant is not a Convention refugee under s.96 IRPA and not a person in need of protection under s.97 IRPA.

Orders

  • Appeal dismissed
  • RPD determination confirmed that XXXX XXXX is not a Convention refugee under section 96 IRPA and not a person in need of protection under section 97 IRPA