MB4-01642

MB4-01642

The RAD independently reviewed the record, found appellants' credibility undermined by contradictions between their testimony and internet résumé evidence (placing principal appellant in the U.K.), found appellants' explanations implausible, concluded they failed to meet their burden to prove a serious possibility of persecution or need for protection, and found no breach of natural justice; accordingly the RPD determination was confirmed and the appeal dismissed.

Citation
MB4-01642
Parties
Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
30 September 2014
Procedural Posture
Refugee Protection Appeal (irpa) / Appeal to Refugee Appeal Division; Decision on Appeal (no New Evidence Sought; Private Proceeding)
Outcome
appeal dismissed; RPD determination confirmed
Legal Topics
Credibility Assessment, State Protection, Natural Justice, Burden of Proof, Standard of Review / Role of RAD
Source Language
English
Immigration Law Refugee Law Administrative Law Procedural Fairness Credibility Assessment State Protection Natural Justice Burden of Proof +1 more

Case Brief

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Parties

XXXX XXXX

Appellant

Procedural Posture

Refugee Protection Appeal (irpa) / Appeal to Refugee Appeal Division; Decision on Appeal (no New Evidence Sought; Private Proceeding)

Legal Issues

  1. 1 whether appellants' essential allegations are credible
  2. 2 whether the RPD breached natural justice or procedural fairness
  3. 3 whether the appellants rebutted the presumption of state protection in Algeria

Ratio Decidendi

The RAD independently reviewed the record, found appellants' credibility undermined by contradictions between their testimony and internet résumé evidence (placing principal appellant in the U.K.), found appellants' explanations implausible, concluded they failed to meet their burden to prove a serious possibility of persecution or need for protection, and found no breach of natural justice; accordingly the RPD determination was confirmed and the appeal dismissed.

Court Disposition

appeal dismissed; RPD determination confirmed

Orders

  • Appeal dismissed
  • Decision of the Refugee Protection Division confirmed (appellants are not Convention refugees and not persons in need of protection)