TC0-09303

TC0-09303

The RAD defers to the RPD's inspection-based findings on original documents and finds the RPD's credibility conclusions reasonable: the appellant's vague and unresponsive testimony, document irregularities suggesting tampering, and unexplained omission of central allegations together render the overall claim not proven on a balance of probabilities; consequently the appeal is dismissed.

Citation
TC0-09303
Parties
Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
28 October 2021
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Decision on Appeal (reasons Issued)
Outcome
Appeal dismissed; RPD decision upheld that the Appellant is not a Convention refugee or a person in need of protection.
Legal Topics
Credibility Assessment, Admissibility of New Evidence, Country Conditions, Document Authenticity, Omission of Allegations, Standard of Review
Source Language
English
Immigration Refugee Law Administrative Law Credibility Assessment Admissibility of New Evidence Country Conditions Document Authenticity Omission of Allegations +1 more

Case Brief

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Parties

XXXX XXXX

Appellant

Procedural Posture

Refugee Appeal (refugee Appeal Division) / Decision on Appeal (reasons Issued)

Legal Issues

  1. 1 Whether the RPD erred in finding the appellant's oral testimony vague and unresponsive and thus not credible
  2. 2 Whether affidavits and supporting documents were authentic and admissible
  3. 3 Whether the omission of central allegations (vandalism and sexual assault) from the Basis of Claim undermined credibility

Ratio Decidendi

The RAD defers to the RPD's inspection-based findings on original documents and finds the RPD's credibility conclusions reasonable: the appellant's vague and unresponsive testimony, document irregularities suggesting tampering, and unexplained omission of central allegations together render the overall claim not proven on a balance of probabilities; consequently the appeal is dismissed.

Court Disposition

Appeal dismissed; RPD decision upheld that the Appellant is not a Convention refugee or a person in need of protection.

Orders

  • Appeal dismissed and RPD decision upheld