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Canada Case Law

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Immigration MC0-03180

MC0-03180

Court
Refugee Appeal Division

The RAD confirmed the RPD did not err: significant, central omissions and a material contradiction undermined the claimant's credibility; documentary evidence did not establish he sought or was denied state protection; appellant failed to prove he would be perceived as a target because he could not detail the positions/actions forming the basis of his claim; therefore the claims (including derivative family claims) fail under sections 96 and 97 IRPA and the appeal is dismissed.

Source excerpt

  • Credibility
  • Persecution
  • State protection
  • Family derivative claims
  • Procedural standard of review
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Immigration law TB8-24570

TB8-24570

Court
Refugee Appeal Division

The RAD affirmed the RPD's adverse credibility findings because the Principal Appellant failed to provide corroborative evidence of a close relationship with the deceased, provided evasive and inconsistent explanations (notably regarding omission and later disclosure of names), and misrepresented key facts on TRV applications; these deficiencies fatally undermined the claim and meant the appellants did not face a serious possibility of persecution, so the RPD decision was confirmed and appeals dismissed.

Source excerpt

  • Credibility assessment
  • Admissibility of new evidence
  • Oral hearing threshold
  • Misrepresentation on temporary resident visa
  • Family derivative claims
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Immigration TB6-17124

TB6-17124

Court
Refugee Appeal Division

On independent review the RAD finds the Appellants not credible and that their documentary and testimonial evidence do not establish on a balance of probabilities that they are wanted by the PSB; therefore they are neither Convention refugees nor persons in need of protection and the RPD decision is confirmed under s.111(1)(a) IRPA.

Source excerpt

  • Credibility
  • Standard of review
  • Expropriation dispute
  • Administrative detention
  • Family derivative claims
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Immigration law TA6-06654

TA6-06654

Court
Refugee Protection Division

The Tribunal rejected the refugee claims because the claimant was found not credible on core events due to omissions, inconsistencies and apparent fabrication to advance the claim; while the claimant was a member of an organization with members who engaged in torture, there was insufficient evidence of his personal involvement to warrant exclusion, and because the family's claims derived from his discredited account they were also rejected.

Source excerpt

  • Exclusion
  • Credibility findings
  • Refugee status
  • Membership in organization
  • Torture
  • Inadmissibility
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About this LexChat collection

Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.