TB5-13780

TB5-13780

The RAD concluded the RPD's finding that the Appellant's departure on his own passport was inconsistent with his claimed fear was reasonable and, in any event, even if that finding were wrong the RPD's numerous other adverse credibility findings independently supported the denial; therefore the Appellant is neither a Convention refugee nor a person in need of protection and the RPD decision is confirmed under s.111(1)(a) IRPA.

Citation
TB5-13780
Parties
Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
9 February 2016
Procedural Posture
Refugee Protection Appeal / Refugee Appeal Division Decision on Appeal From RPD
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Refugee Protection, Credibility Assessment, Standard of Review, Convention Refugee, Person in Need of Protection
Source Language
English
Immigration Law Refugee Law Administrative Law Refugee Protection Credibility Assessment Standard of Review Convention Refugee Person in Need of Protection

Case Brief

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Parties

XXXX XXXX XXXX

Appellant

Procedural Posture

Refugee Protection Appeal / Refugee Appeal Division Decision on Appeal From RPD

Legal Issues

  1. 1 Whether the RPD erred in its credibility finding regarding the Appellant's departure from China
  2. 2 Whether the Appellant is a Convention refugee or a person in need of protection
  3. 3 What standard of review the RAD applies on a true appeal with no new evidence

Ratio Decidendi

The RAD concluded the RPD's finding that the Appellant's departure on his own passport was inconsistent with his claimed fear was reasonable and, in any event, even if that finding were wrong the RPD's numerous other adverse credibility findings independently supported the denial; therefore the Appellant is neither a Convention refugee nor a person in need of protection and the RPD decision is confirmed under s.111(1)(a) IRPA.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed and RPD decision confirmed pursuant to s.111(1)(a) of the Immigration and Refugee Protection Act