MB4-03314

MB4-03314

The RAD independently reviewed the record, concluded the RPD's adverse credibility findings were justified on account of inconsistencies and lack of detail, found no new evidence meeting s110(4) to warrant an oral hearing under s110(6), and therefore confirmed the RPD's decision that the appellant is neither a Convention refugee nor a person in need of protection.

Citation
MB4-03314
Parties
Appellant: XXXX XXXX; Minister/respondent: Minister of Citizenship and Immigration (Canada)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
22 January 2015
Procedural Posture
Refugee Protection Appeal / Appeal Before Refugee Appeal Division (decision)
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Credibility Assessment, Oral Hearing Under S110(6), Ministerial Intervention, Standard of Review
Source Language
English
Immigration Refugee Law Administrative Law Credibility Assessment Oral Hearing Under S110(6) Ministerial Intervention Standard of Review

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 8 Party arguments 2
Sign in to unlock

Parties

XXXX XXXX

Appellant

Minister of Citizenship and Immigration (Canada)

Minister/respondent

Procedural Posture

Refugee Protection Appeal / Appeal Before Refugee Appeal Division (decision)

Legal Issues

  1. 1 whether the RPD's adverse credibility findings were reasonable
  2. 2 whether the appellant satisfied requirements for an oral hearing under s110(6) of IRPA
  3. 3 whether the appellant is a Convention refugee under s96 of IRPA

Ratio Decidendi

The RAD independently reviewed the record, concluded the RPD's adverse credibility findings were justified on account of inconsistencies and lack of detail, found no new evidence meeting s110(4) to warrant an oral hearing under s110(6), and therefore confirmed the RPD's decision that the appellant is neither a Convention refugee nor a person in need of protection.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed
  • RPD decision dated July 29, 2014 is confirmed pursuant to IRPA s111(1)(a)