MB5-01235

RAD independently reviewed the record, found material inconsistencies between testimony, immigration forms and passport stamps, found appellants' explanations and documentary evidence (CNR letter, nurse's note) insufficiently probative, concluded appellants lacked credibility and therefore do not meet the tests for Convention refugee or person in need of protection, and confirmed the RPD decision.

Citation: MB5-01235
Parties: Appellant: XXXX XXXX
Court: Refugee Appeal Division
Jurisdiction: Canada
Judgment Date: 30 September 2015
Procedural Posture: Refugee Protection Appeal / Appeal to Refugee Appeal Division (final Decision)
Outcome: Appeal dismissed; RPD decision confirmed
Legal Topics: Refugee Protection, Credibility Assessment, Vendetta / Blood Feud, Standard of Appellate Review, Documentary Evidence Probative Value
Source Language: English

Immigration Refugee Law Administrative Law Refugee Protection Credibility Assessment Vendetta / Blood Feud Standard of Appellate Review Documentary Evidence Probative Value

Case Brief

Summary, issues, holding and outcome

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Full judgment text Legal principles 3 Authorities cited 6 Party arguments 2

Parties

XXXX XXXX

Appellant

Procedural Posture

Refugee Protection Appeal / Appeal to Refugee Appeal Division (final Decision)

Legal Issues

1 Whether appellants' testimony and documentary evidence are credible
2 Whether failure to provide police reports undermines the claim
3 Whether the CNR attestation and nurse's note are probative or fabricated

Ratio Decidendi

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

Confirm RPD decision that appellants are neither Convention refugees under s.96 IRPA nor persons in need of protection under s.97(1) IRPA
Appeal dismissed