MB4-00522

MB4-00522

The RAD applied the reasonableness standard to the RPD's credibility findings and concluded the RPD's negative credibility assessment was within a range of acceptable outcomes given the appellant's conduct (continuing to work at the allegedly targeted site, delay in leaving Algeria, failure to report threats), the absence of new evidence, and applicable documentary country information; accordingly the RAD dismissed the appeal and confirmed the RPD's determination that the appellants are neither Convention refugees nor persons in need of protection.

Citation
MB4-00522
Parties
Appellant: XXXX XXXX; Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
16 April 2014
Procedural Posture
Refugee Appeal Under the Immigration and Refugee Protection Act / Decision on Appeal by the Refugee Appeal Division (rad) — Dismissal of Appeal
Outcome
Appeal dismissed; RPD determination confirmed
Legal Topics
Credibility Assessment, Standard of Review, Deference to Administrative Decision Makers, Convention Refugee, Person in Need of Protection, New Evidence on Appeal
Source Language
English
Immigration Refugee Law Administrative Law Credibility Assessment Standard of Review Deference to Administrative Decision Makers Convention Refugee Person in Need of Protection +1 more

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Parties

XXXX XXXX

Appellant

XXXX XXXX XXXX

Appellant

Procedural Posture

Refugee Appeal Under the Immigration and Refugee Protection Act / Decision on Appeal by the Refugee Appeal Division (rad) — Dismissal of Appeal

Legal Issues

  1. 1 Whether the Refugee Protection Division (RPD) erred in its assessment of the principal appellant's credibility
  2. 2 What standard of review applies to RAD appeals of RPD credibility findings
  3. 3 Whether new evidence or a hearing before the RAD was required

Ratio Decidendi

The RAD applied the reasonableness standard to the RPD's credibility findings and concluded the RPD's negative credibility assessment was within a range of acceptable outcomes given the appellant's conduct (continuing to work at the allegedly targeted site, delay in leaving Algeria, failure to report threats), the absence of new evidence, and applicable documentary country information; accordingly the RAD dismissed the appeal and confirmed the RPD's determination that the appellants are neither Convention refugees nor persons in need of protection.

Court Disposition

Appeal dismissed; RPD determination confirmed

Orders

  • Appeal dismissed
  • The determination of the Refugee Protection Division is confirmed: appellants are not Convention refugees under s.96 IRPA nor persons in need of protection under s.97 IRPA