MB4-04998

MB4-04998

The RAD independently reviewed the record, found the appellants' account undermined by inconsistent statements and contemporaneous visa/employment records that showed planning to travel pre‑dated alleged threats, concluded the appellants' allegations were not credible, found no new evidence warranting a hearing, and...

Source-derived case information.

Citation
MB4-04998
Parties
Appellant: XXXX XXXXIBI; Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
5 May 2015
Procedural Posture
Refugee Protection Appeal / Appeal to Refugee Appeal Division (rad) From Refugee Protection Division (rpd) Decision
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Credibility Findings, State Protection, Admissibility of New Evidence, Standard of Review, RAD Appellate Role
Source Language
english
Immigration Refugee Law Administrative Law Credibility Findings State Protection Admissibility of New Evidence Standard of Review RAD Appellate Role

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Parties

XXXX XXXXIBI

Appellant

XXXX XXXX

Appellant

Procedural Posture

Refugee Protection Appeal / Appeal to Refugee Appeal Division (rad) From Refugee Protection Division (rpd) Decision

Legal Issues

  1. 1 Whether appellants are Convention refugees under section 96 of IRPA
  2. 2 Whether appellants are persons in need of protection under section 97(1) of IRPA
  3. 3 Whether new evidence (letter) or an oral hearing under s.110(6) should be permitted on appeal

Ratio Decidendi

The RAD independently reviewed the record, found the appellants' account undermined by inconsistent statements and contemporaneous visa/employment records that showed planning to travel pre‑dated alleged threats, concluded the appellants' allegations were not credible, found no new evidence warranting a hearing, and therefore confirmed the RPD's finding that the appellants are neither Convention refugees nor persons in need of protection.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed
  • RPD determination that appellants are not Convention refugees under s.96 IRPA and not persons in need of protection under s.97(1) IRPA is confirmed