MB4-01876

MB4-01876

The RAD confirmed the RPD's adverse credibility findings and held that the RPD did not commit a palpable and overriding error in its assessment of the appellants' allegations; therefore the appellants are not Convention refugees under s.96 IRPA nor persons in need of protection under s.97 IRPA and the appeal is dismissed.

Citation
MB4-01876
Parties
Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
21 October 2014
Procedural Posture
Refugee Protection Appeal / Appeal to Refugee Appeal Division (rad) Decision on Appeal Under Subsection 111(1) IRPA
Outcome
Appeal dismissed; RPD determination confirmed
Legal Topics
Credibility Assessment, Standard of Review, Appeal of RPD Decision, Convention Refugee, Person in Need of Protection
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Assessment Standard of Review Appeal of RPD Decision Convention Refugee Person in Need of Protection

Case Brief

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Parties

XXXX XXXX

Appellant

Procedural Posture

Refugee Protection Appeal / Appeal to Refugee Appeal Division (rad) Decision on Appeal Under Subsection 111(1) IRPA

Legal Issues

  1. 1 Whether the RPD committed a palpable and overriding error in assessing the appellants' credibility
  2. 2 Whether the RAD should substitute its own determination under subsection 111(1) IRPA or defer to the RPD on credibility findings
  3. 3 Whether omissions and contradictions in the Basis of Claim and visa applications justified the RPD's adverse credibility findings

Ratio Decidendi

The RAD confirmed the RPD's adverse credibility findings and held that the RPD did not commit a palpable and overriding error in its assessment of the appellants' allegations; therefore the appellants are not Convention refugees under s.96 IRPA nor persons in need of protection under s.97 IRPA and the appeal is dismissed.

Court Disposition

Appeal dismissed; RPD determination confirmed

Orders

  • Appeal dismissed
  • RPD determination confirmed that appellants are not Convention refugees pursuant to section 96 IRPA and not persons in need of protection pursuant to section 97 IRPA