TB6-06473

TB6-06473

The RPD's credibility findings were supported by significant inconsistencies, serious omissions and conduct issues that directly undermined the central elements of the Appellant's claim; those credibility findings taint the associated documentary evidence and the psychotherapist reports lack probative value because of the author's lack of statutory authority to diagnose and apparent advocacy; the sister's claim depended on the Appellant and therefore fails; accordingly the RAD confirms the RPD's negative determination and dismisses the appeal under s.111(1)(a) IRPA.

Citation
TB6-06473
Parties
Appellant: XXXX XXXX; Sister: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
29 August 2016
Procedural Posture
Refugee Protection Appeal to Refugee Appeal Division / RAD Decision on Appeal From Refugee Protection Division (confirmation/dismissal)
Outcome
Appeal dismissed; RAD confirms the RPD determination that the Appellant and the sister are not Convention refugees and are not persons in need of protection
Legal Topics
Credibility Assessment, Delay in Claiming, Weight of Documentary Evidence, Psychotherapist Reports and Qualifications, Section 97 Analysis, Standard of Review for RAD (correctness), Dependent/joined Claims
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Assessment Delay in Claiming Weight of Documentary Evidence Psychotherapist Reports and Qualifications Section 97 Analysis +2 more

Case Brief

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Parties

XXXX XXXX

Appellant

XXXX XXXX

Sister

Procedural Posture

Refugee Protection Appeal to Refugee Appeal Division / RAD Decision on Appeal From Refugee Protection Division (confirmation/dismissal)

Legal Issues

  1. 1 Whether the RPD erred in its credibility findings
  2. 2 Whether documentary evidence should be given weight when oral testimony is found not credible
  3. 3 Whether delay in claiming undermines credibility

Ratio Decidendi

The RPD's credibility findings were supported by significant inconsistencies, serious omissions and conduct issues that directly undermined the central elements of the Appellant's claim; those credibility findings taint the associated documentary evidence and the psychotherapist reports lack probative value because of the author's lack of statutory authority to diagnose and apparent advocacy; the sister's claim depended on the Appellant and therefore fails; accordingly the RAD confirms the RPD's negative determination and dismisses the appeal under s.111(1)(a) IRPA.

Court Disposition

Appeal dismissed; RAD confirms the RPD determination that the Appellant and the sister are not Convention refugees and are not persons in need of protection

Orders

  • Decision of the Refugee Protection Division confirmed pursuant to s.111(1)(a) IRPA
  • Appeal dismissed; no referral to the RPD for redetermination