MB4-00639

MB4-00639

The RAD confirmed the RPD because the RPD's adverse credibility finding was unchallenged and supported by the record and because the RPD correctly applied relevant country documentation and risk‑profile guidance to conclude the appellant, given his Indian Tamil profile and travel history, did not face a risk of...

Source-derived case information.

Citation
MB4-00639
Parties
Appellant: XXXX XXXX; Respondent: Minister (Canada)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
5 September 2014
Procedural Posture
Refugee Appeal (rad) / Final Decision on Appeal
Outcome
Appeal denied; RPD decision confirmed
Legal Topics
Credibility Assessment, Country Conditions, Standard of Review, Convention Refugee, Person in Need of Protection
Source Language
english
Immigration Law Refugee Law Administrative Law Credibility Assessment Country Conditions Standard of Review Convention Refugee Person in Need of Protection

Source-derived case record

Summary, issues, holding and outcome

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Parties

XXXX XXXX

Appellant

Minister (Canada)

Respondent

Procedural Posture

Refugee Appeal (rad) / Final Decision on Appeal

Legal Issues

  1. 1 Appropriate standard of review for the RAD when assessing RPD findings
  2. 2 Whether the RPD made a palpable and overriding error in credibility findings
  3. 3 Whether the RPD erred in assessing country conditions and the appellant's risk based on his Tamil/Indian Tamil profile

Ratio Decidendi

The RAD confirmed the RPD because the RPD's adverse credibility finding was unchallenged and supported by the record and because the RPD correctly applied relevant country documentation and risk‑profile guidance to conclude the appellant, given his Indian Tamil profile and travel history, did not face a risk of persecution or torture on return; no palpable and overriding error was shown.

Court Disposition

Appeal denied; RPD decision confirmed

Orders

  • Appeal denied and RPD decision of January 8, 2014 confirmed; appellant is neither a Convention refugee nor a person in need of protection