2/11/2024 0 Comments Jing dong immigration![]() Immigration Act, Footnote 6 the determination of whether a person was a Convention refugee was made by members of the Convention Refugee Determination Division (CRDD), often referred to as the Refugee Division (RD). When reading older case law, keep in mind that under the former 97(1) is determined in the circumstances of each individual case, bearing in mind the different elements that must be credibly established for each ground. Footnote 5 Whether the Board has properly considered a claim under both s. 96 of the IRPA is not necessarily determinative of a claim under s. It is important to bear in mind that a negative credibility finding which may be determinative of a refugee claim under s. Footnote 4 The enabling provisions for RAD appeals only came into force on December 15, 2012. Footnote 3 The RAD assesses whether the RPD decision, including credibility findings, is wrong in law, in fact or in mixed law and fact. The RPD's decision to allow or reject a person's claim for refugee protection may be appealed to the Refugee Appeal Division (RAD) by the Minister or the claimant, unless one of the exceptions to this right applies. Footnote 2 In determining this, members must assess the credibility of the claimant, other witnesses and the documentary evidence. Immigration and Refugee Protection Act (IRPA) Footnote 1 is one that requires members of the Refugee Protection Division (RPD) to decide whether they believe the claimant's evidence and how much weight to give to that evidence. The process of determining whether a claimant is a Convention refugee or a “person in need of protection” under the The dishonesty must affect the claim in a material wayĬumulative and general credibility findings “Clearly” does not impose a higher burden of proof Where the claimant’s testimony is the only evidenceįailure to establish identity and no credible basis findingsĪnalysis under subsection 107(1) is mandatory Meaning of credible or trustworthy evidenceĬredibility and no credible basis findingsĪ no credible basis finding requires more than a simple lack of credibility High threshold for finding that a claim has no credible basis Trauma-informed assessment of credibilityĪnalysis under subsection 107(2) is mandatory ![]() Personal circumstances that may affect the evidence Taking the claimant’s circumstances into account ![]() Preferring documentary evidence to the claimant’s testimonyĪllowing the claimant to clarify contradictions or inconsistencies in the evidenceĬontradictions or inconsistencies internal to the testimony Lack of identity documents and other personal documents Trustworthy evidence which to base findings Relying on trustworthy evidence to make adverse credibility findings Proper evidentiary basis for findings on credibilityĬonsiderations on appeal and judicial reviewīasing a decision on the evidence and relevant and material aspects of the claimĬontradictions, inconsistencies and omissionsīasis of claim forms and declarations made to immigration officersĭelay in claiming refugee protection & other inconsistent behavioursĬriminal and fraudulent activities in Canada
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