MB3-04988

MB3-04988

The RAD confirmed the RPD's credibility findings as reasonable and admissible within a range of acceptable outcomes, found the four proffered documents not credible or not reasonably available under s.110(4) IRPA, declined to admit new evidence and declined to hold a hearing under s.110(6), and therefore dismissed the appeal and confirmed the RPD's refusal of refugee protection under ss.96 and 97 IRPA.

Citation
MB3-04988
Parties
Appellant: XXXX XXXX; Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
6 March 2014
Procedural Posture
Refugee Protection Appeal (refugee Appeal Division) / Decision on Admissibility of New Evidence and Appeal; RAD Confirms RPD Decision
Outcome
Appeal dismissed; RPD determination confirmed
Legal Topics
Credibility Assessment, Admissibility of New Evidence, Standard of Review, Convention Refugee Definition, Nexus to Convention Grounds, RAD Hearing Discretion
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Assessment Admissibility of New Evidence Standard of Review Convention Refugee Definition Nexus to Convention Grounds +1 more

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Parties

XXXX XXXX

Appellant

XXXX XXXX XXXX

Appellant

Procedural Posture

Refugee Protection Appeal (refugee Appeal Division) / Decision on Admissibility of New Evidence and Appeal; RAD Confirms RPD Decision

Legal Issues

  1. 1 Whether documents 12-15 constituted new admissible evidence under s.110(4) IRPA
  2. 2 Whether a hearing should be held under s.110(6) IRPA
  3. 3 Whether the RPD erred in its credibility findings

Ratio Decidendi

The RAD confirmed the RPD's credibility findings as reasonable and admissible within a range of acceptable outcomes, found the four proffered documents not credible or not reasonably available under s.110(4) IRPA, declined to admit new evidence and declined to hold a hearing under s.110(6), and therefore dismissed the appeal and confirmed the RPD's refusal of refugee protection under ss.96 and 97 IRPA.

Court Disposition

Appeal dismissed; RPD determination confirmed

Orders

  • New evidence (documents 12-15) declared inadmissible under s.110(4) IRPA
  • No hearing scheduled under s.110(6) IRPA