TB3-07088

TB3-07088

RAD held that deference is owed to the RPD on findings of fact and credibility absent new evidence or an oral hearing; the RPD's credibility findings were reasonable, supported by inconsistencies and lack of corroboration, and therefore the RAD confirmed the RPD decision and dismissed the appeal.

Citation
TB3-07088
Parties
Appellant: XXXX XXXX; Minor: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
8 December 2013
Procedural Posture
Refugee Protection Appeal Under IRPA / Appeal to Refugee Appeal Division Decision
Outcome
Appeal dismissed; RAD confirms RPD decision that appellants are neither Convention refugees nor persons in need of protection
Legal Topics
Credibility Assessment, Sur Place, Standard of Review, S.97 Risk Assessment, Designation of Representative for Minor, Religious Conversion/baptism
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Assessment Sur Place Standard of Review S.97 Risk Assessment Designation of Representative for Minor +1 more

Case Brief

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Parties

XXXX XXXX

Appellant

XXXX XXXX

Minor

Procedural Posture

Refugee Protection Appeal Under IRPA / Appeal to Refugee Appeal Division Decision

Legal Issues

  1. 1 Whether the RPD erred in finding the appellant not a genuine Christian and rejecting credibility
  2. 2 Whether the RPD conducted a microscopic assessment of evidence
  3. 3 Whether the RPD failed to consider sur place claims

Ratio Decidendi

RAD held that deference is owed to the RPD on findings of fact and credibility absent new evidence or an oral hearing; the RPD's credibility findings were reasonable, supported by inconsistencies and lack of corroboration, and therefore the RAD confirmed the RPD decision and dismissed the appeal.

Court Disposition

Appeal dismissed; RAD confirms RPD decision that appellants are neither Convention refugees nor persons in need of protection

Orders

  • Appeal dismissed
  • Decision of the Refugee Protection Division confirmed pursuant to subsection 111(1)(a) of the Immigration and Refugee Protection Act