MB4-03258

MB4-03258

The RAD confirmed the RPD because the appellant was not credible on central facts (imprisonment, hospitalization, conviction), the newly tendered evidence was either not probative or not authentic, and the delay in claiming undermined subjective fear; therefore the appellant is neither a Convention refugee nor a...

Source-derived case information.

Citation
MB4-03258
Parties
Appellant: XXXX XXXX XXXX; Respondent: Minister of Citizenship and Immigration
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
5 August 2015
Procedural Posture
Refugee Protection Appeal / Redetermination by Refugee Appeal Division Following Federal Court Remittal; Decision on Appeal
Outcome
appeal dismissed; decision of the Refugee Protection Division confirmed
Legal Topics
Credibility Assessment, Admissibility of New Evidence, Oral Hearing Request, Delay in Claiming, Country Conditions, Sexual Orientation Persecution, Document Authenticity
Source Language
en
Immigration Refugee Law Administrative Law Credibility Assessment Admissibility of New Evidence Oral Hearing Request Delay in Claiming Country Conditions +2 more

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Summary, issues, holding and outcome

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Parties

XXXX XXXX XXXX

Appellant

Minister of Citizenship and Immigration

Respondent

Procedural Posture

Refugee Protection Appeal / Redetermination by Refugee Appeal Division Following Federal Court Remittal; Decision on Appeal

  1. 1 admissibility of new evidence under s.110(4) IRPA
  2. 2 whether an oral hearing is required under s.110(6) IRPA
  3. 3 credibility of appellant's claims of homosexuality, assault, hospitalization and imprisonment

Ratio Decidendi

The RAD confirmed the RPD because the appellant was not credible on central facts (imprisonment, hospitalization, conviction), the newly tendered evidence was either not probative or not authentic, and the delay in claiming undermined subjective fear; therefore the appellant is neither a Convention refugee nor a person in need of protection.

Court Disposition

appeal dismissed; decision of the Refugee Protection Division confirmed

Orders

  • Appeal dismissed
  • Decision of the Refugee Protection Division confirmed