TB6-12954

TB6-12954

Applying the correctness standard, the RAD independently reviewed the record, concluded the RPD's cumulative adverse credibility findings were justified (testimony was inconsistent, illogical and ran counter to documentary country evidence about PSB responses), found no serious possibility of persecution or risk on return on the balance of probabilities, and therefore confirmed the RPD decision dismissing the claim.

Citation
TB6-12954
Parties
Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
16 February 2017
Procedural Posture
Refugee Protection Appeal / Appeal to Refugee Appeal Division; RAD Decision Confirming RPD
Outcome
Appeal dismissed; RPD decision confirmed pursuant to section 111(1)(a) of the IRPA
Legal Topics
Credibility Assessment, Convention Refugee, Person in Need of Protection, Standard of Review, Documentary Corroboration
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Assessment Convention Refugee Person in Need of Protection Standard of Review Documentary Corroboration

Case Brief

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Parties

XXXX XXXX

Appellant

Procedural Posture

Refugee Protection Appeal / Appeal to Refugee Appeal Division; RAD Decision Confirming RPD

Legal Issues

  1. 1 Whether the RPD erred in adverse credibility findings regarding the female appellant's reasons for remaining in Canada
  2. 2 Whether the RPD erred in its assessment of the Public Security Bureau's interest in the appellants and delay in pursuing them
  3. 3 Whether the appellants meet the definition of Convention refugee or person in need of protection

Ratio Decidendi

Applying the correctness standard, the RAD independently reviewed the record, concluded the RPD's cumulative adverse credibility findings were justified (testimony was inconsistent, illogical and ran counter to documentary country evidence about PSB responses), found no serious possibility of persecution or risk on return on the balance of probabilities, and therefore confirmed the RPD decision dismissing the claim.

Court Disposition

Appeal dismissed; RPD decision confirmed pursuant to section 111(1)(a) of the IRPA

Orders

  • Appeal dismissed and RPD decision confirmed pursuant to section 111(1)(a) of the Immigration and Refugee Protection Act