TB6-08265

TB6-08265

The RAD confirmed the RPD because the appellant failed to establish that the proposed new evidence met s.110(4) IRPA (timing and availability), no admissible new evidence existed to trigger an oral hearing under s.110(6), and the totality of the record (notably CBSA statements and other credibility findings) supported the RPD's conclusion that the claim was not bona fide and that there was no reasonable possibility of persecution or serious risk if returned to Pakistan.

Citation
TB6-08265
Parties
Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
5 October 2016
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Decision on Appeal; Confirmation of RPD Decision
Outcome
Appeal dismissed; RPD decision confirmed pursuant to s.111(1)(a) IRPA.
Legal Topics
Credibility Assessment, Admissibility of New Evidence, Oral Hearing Under S.110(6) IRPA, Standard of Review, Risk Assessment
Source Language
English
Immigration Refugee Law Administrative Law Credibility Assessment Admissibility of New Evidence Oral Hearing Under S.110(6) IRPA Standard of Review Risk Assessment

Case Brief

Summary, issues, holding and outcome

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Parties

XXXX XXXX

Appellant

Procedural Posture

Refugee Appeal (refugee Appeal Division) / Decision on Appeal; Confirmation of RPD Decision

Legal Issues

  1. 1 Whether the proposed divorce deed is admissible new evidence under s.110(4) IRPA
  2. 2 Whether an oral hearing should be granted under s.110(6) IRPA
  3. 3 Whether the RPD erred in its credibility findings

Ratio Decidendi

The RAD confirmed the RPD because the appellant failed to establish that the proposed new evidence met s.110(4) IRPA (timing and availability), no admissible new evidence existed to trigger an oral hearing under s.110(6), and the totality of the record (notably CBSA statements and other credibility findings) supported the RPD's conclusion that the claim was not bona fide and that there was no reasonable possibility of persecution or serious risk if returned to Pakistan.

Court Disposition

Appeal dismissed; RPD decision confirmed pursuant to s.111(1)(a) IRPA.

Orders

  • Confirm the Refugee Protection Division decision and dismiss the appeal pursuant to s.111(1)(a) IRPA
  • No oral hearing granted (no admissible new evidence to justify a hearing)