MB4-03312

MB4-03312

On an independent assessment the RAD affirmed the RPD that the appellant was not credible on a balance of probabilities, the Facebook evidence lacked sufficient probative value, and the appellant failed to demonstrate a well-founded fear of persecution or a risk under section 97; therefore the RPD decision was confirmed and the appeal dismissed.

Citation
MB4-03312
Parties
Appellant: XXXX XXXX; Intervener: Minister of Public Safety
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
10 June 2015
Procedural Posture
Refugee Protection Appeal (refugee Appeal Division) / RAD Decision on Appeal Confirming RPD Determination
Outcome
Appeal dismissed; RPD determination confirmed
Legal Topics
Credibility Assessment, Facebook Evidence Reliability, Section 97 Person in Need of Protection, Convention Refugee Status (section 96), Standard of Review/appellate Role of RAD, Natural Justice, Document Falsification
Source Language
English
Immigration Refugee Law Administrative Law Credibility Assessment Facebook Evidence Reliability Section 97 Person in Need of Protection Convention Refugee Status (section 96) Standard of Review/appellate Role of RAD +2 more

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Parties

XXXX XXXX

Appellant

Minister of Public Safety

Intervener

Procedural Posture

Refugee Protection Appeal (refugee Appeal Division) / RAD Decision on Appeal Confirming RPD Determination

Legal Issues

  1. 1 whether the appellant is credible regarding events in Kosovo and France
  2. 2 whether the Facebook message is reliable and probative
  3. 3 whether the RPD properly applied section 97 of IRPA (person in need of protection)

Ratio Decidendi

On an independent assessment the RAD affirmed the RPD that the appellant was not credible on a balance of probabilities, the Facebook evidence lacked sufficient probative value, and the appellant failed to demonstrate a well-founded fear of persecution or a risk under section 97; therefore the RPD decision was confirmed and the appeal dismissed.

Court Disposition

Appeal dismissed; RPD determination confirmed

Orders

  • Appeal dismissed and RPD decision confirmed that appellant is neither a Convention refugee under section 96 of IRPA nor a person in need of protection under section 97 of IRPA.