MB3-02392

MB3-02392

The RAD dismissed the appeal and confirmed the RPD decision because the RPD reasonably found the appellant not credible based on omissions, inconsistencies and implausible conduct; the documentary evidence submitted on appeal was inadmissible under s110(4) because the appellant failed to show it was new or not reasonably available; given the credibility finding, no internal flight alternative analysis or hearing under s110(6) could alter the outcome.

Citation
MB3-02392
Parties
Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
6 September 2013
Procedural Posture
Refugee Protection Appeal / Appeal Decision (refugee Appeal Division)
Outcome
Appeal dismissed; RPD determination confirmed; appellant not a Convention refugee nor a person in need of protection
Legal Topics
Credibility Assessment, Internal Flight Alternative, Admissibility of Evidence, Standard of Review
Source Language
English
Immigration Refugee Law Administrative Law Credibility Assessment Internal Flight Alternative Admissibility of Evidence Standard of Review

Case Brief

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Parties

XXXX XXXX

Appellant

Procedural Posture

Refugee Protection Appeal / Appeal Decision (refugee Appeal Division)

Legal Issues

  1. 1 whether RPD erred in credibility assessment
  2. 2 admissibility under s110(4) of new evidence presented on appeal
  3. 3 whether a hearing should be held under s110(6)

Ratio Decidendi

The RAD dismissed the appeal and confirmed the RPD decision because the RPD reasonably found the appellant not credible based on omissions, inconsistencies and implausible conduct; the documentary evidence submitted on appeal was inadmissible under s110(4) because the appellant failed to show it was new or not reasonably available; given the credibility finding, no internal flight alternative analysis or hearing under s110(6) could alter the outcome.

Court Disposition

Appeal dismissed; RPD determination confirmed; appellant not a Convention refugee nor a person in need of protection

Orders

  • Appeal dismissed
  • RPD decision dated June 21, 2013 confirmed