MB3-04198

MB3-04198

The RAD dismissed the appeal because the appellant offered no new admissible evidence under s.110(4), the RPD's adverse credibility findings were supported by inconsistencies, omissions and lack of corroboration and therefore fell within a range of reasonable outcomes; accordingly the RAD, applying deference on factual matters and the reasonableness standard, confirmed the RPD decision denying refugee/protection status.

Citation
MB3-04198
Parties
Appellant: XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
9 January 2014
Procedural Posture
Refugee Appeal (immigration and Refugee Protection Act) / Decision by Refugee Appeal Division (appeal Dismissed)
Outcome
Appeal dismissed; RPD determination confirmed
Legal Topics
Credibility Assessment, Standard of Review, Admissibility of Evidence on Appeal, Gender Based Persecution, Duty to Corroborate
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Assessment Standard of Review Admissibility of Evidence on Appeal Gender Based Persecution Duty to Corroborate

Case Brief

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Parties

XXXX XXXX

Appellant

Minister

Respondent

Procedural Posture

Refugee Appeal (immigration and Refugee Protection Act) / Decision by Refugee Appeal Division (appeal Dismissed)

Legal Issues

  1. 1 Whether the RPD erred in its assessment of the appellant's credibility
  2. 2 Whether the RAD must hear the appeal de novo or apply deference to RPD findings
  3. 3 Whether evidence on appeal met s.110(4) admissibility requirements

Ratio Decidendi

The RAD dismissed the appeal because the appellant offered no new admissible evidence under s.110(4), the RPD's adverse credibility findings were supported by inconsistencies, omissions and lack of corroboration and therefore fell within a range of reasonable outcomes; accordingly the RAD, applying deference on factual matters and the reasonableness standard, confirmed the RPD decision denying refugee/protection status.

Court Disposition

Appeal dismissed; RPD determination confirmed

Orders

  • Appeal dismissed
  • RPD determination that appellant is neither a Convention refugee under s.96 nor a person in need of protection under s.97 is confirmed