TB5-04531

TB5-04531

The RAD, conducting an independent assessment, affirmed the RPD's adverse credibility findings and concluded on the balance of probabilities that the appellant failed to establish he is a Convention refugee or a person in need of protection because of unexplained delay, lack of corroboration, implausible account of exit from China, and lack of weight to personal documents assessed as fraudulent.

Citation
TB5-04531
Parties
Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
15 July 2015
Procedural Posture
Refugee Protection Appeal / Appeal to Refugee Appeal Division From Refugee Protection Division Decision
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Credibility, Delay in Claiming, Corroboration, Fraudulent Documents, Country Conditions, Appellate Standard
Source Language
English
Immigration Refugee Law Administrative Law Credibility Delay in Claiming Corroboration Fraudulent Documents Country Conditions +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 11 Party arguments 2
Sign in to unlock

Parties

XXXX XXXX

Appellant

Procedural Posture

Refugee Protection Appeal / Appeal to Refugee Appeal Division From Refugee Protection Division Decision

Legal Issues

  1. 1 Whether the RPD erred in its credibility findings
  2. 2 Whether delay in claiming undermines subjective fear
  3. 3 Whether lack of corroborating documents justifies an adverse inference

Ratio Decidendi

The RAD, conducting an independent assessment, affirmed the RPD's adverse credibility findings and concluded on the balance of probabilities that the appellant failed to establish he is a Convention refugee or a person in need of protection because of unexplained delay, lack of corroboration, implausible account of exit from China, and lack of weight to personal documents assessed as fraudulent.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

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