MB3-04443

MB3-04443

RAD concluded RPD's factual and credibility findings were reasonable: appellant failed to adduce satisfactory evidence that he would be perceived as Banyamulenge and thus failed to establish a well‑founded risk; no new admissible evidence was presented on appeal; therefore the RPD determination that the appellant is neither a Convention refugee nor a person in need of protection was confirmed.

Citation
MB3-04443
Parties
Appellant: XXXX XXXX XXXX; Intervenor: Minister of Public Safety Canada
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
6 January 2014
Procedural Posture
Refugee Protection Appeal / RAD Decision on Appeal (appeal Dismissed)
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Identity, Credibility Assessment, Risk Assessment, Internal Flight Alternative, Standard of Review, Burden of Proof
Source Language
English
Immigration Law Refugee Law Administrative Law Identity Credibility Assessment Risk Assessment Internal Flight Alternative Standard of Review +1 more

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Parties

XXXX XXXX XXXX

Appellant

Minister of Public Safety Canada

Intervenor

Procedural Posture

Refugee Protection Appeal / RAD Decision on Appeal (appeal Dismissed)

Legal Issues

  1. 1 Whether appellant established identity as Banyamulenge
  2. 2 Whether RPD erred in credibility findings
  3. 3 Whether RPD properly assessed risk in the DRC

Ratio Decidendi

RAD concluded RPD's factual and credibility findings were reasonable: appellant failed to adduce satisfactory evidence that he would be perceived as Banyamulenge and thus failed to establish a well‑founded risk; no new admissible evidence was presented on appeal; therefore the RPD determination that the appellant is neither a Convention refugee nor a person in need of protection was confirmed.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed
  • Refugee Protection Division decision of September 16, 2013 confirmed