MB8-22890

MB8-22890

The RAD confirmed the RPD's adverse credibility findings and dismissed the appeal because the adult appellants were overall not credible; material inconsistencies — notably that marriage documents indicated identity cards contrary to appellants' sworn testimony — and the absence of a credible explanation undermined...

Source-derived case information.

Citation
MB8-22890
Parties
Appellant: XXXX XXXX; Minor Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
6 February 2020
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Decision on Appeal (appeal Dismissed)
Outcome
appeal dismissed; decision of the Refugee Protection Division confirmed
Legal Topics
Credibility Assessment, Admission of New Evidence, Procedural Fairness, Standard of Review, Implausibility Analysis, Hearing Under S.110(6) IRPA
Source Language
english
Immigration Law Refugee Law Administrative Law Evidence Law Credibility Assessment Admission of New Evidence Procedural Fairness Standard of Review +2 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 6 Authorities cited 12 Party arguments 2
Sign in to unlock

Parties

XXXX XXXX

Appellant

XXXX XXXX

Minor Appellant

Procedural Posture

Refugee Appeal (refugee Appeal Division) / Decision on Appeal (appeal Dismissed)

Legal Issues

  1. 1 whether new evidence meets s.110(4) IRPA and RAD Rule 29 requirements
  2. 2 whether a hearing under s.110(6) IRPA was required
  3. 3 whether RPD's credibility findings were justified

Ratio Decidendi

The RAD confirmed the RPD's adverse credibility findings and dismissed the appeal because the adult appellants were overall not credible; material inconsistencies — notably that marriage documents indicated identity cards contrary to appellants' sworn testimony — and the absence of a credible explanation undermined the claim, admitted new evidence did not satisfy s.110(6) to require a hearing, and the correctness standard supports affirmance.

Court Disposition

appeal dismissed; decision of the Refugee Protection Division confirmed

Orders

  • Appeal dismissed and RPD decision of October 1, 2018 confirmed by RAD on February 6, 2020