What is the test for credibility in a refugee application?
Canada (Federal), Canada
The following excerpt is from Chsherbakova v. Canada (Citizenship and Immigration), 2009 FC 1308 (CanLII):
Assessing credibility and assessing the evidence are matters within the authority of the administrative tribunal, which must assess a refugee claimants allegation of subjective fear (Cepeda-Gutierrez v. Canada (Minister of Citizenship and Immigration), (1998), 1998 CanLII 8667 (FC), 157 F.T.R. 35, 83 A.C.W.S. (3d) 264 at para. 14). Before the decision in Dunsmuir v. New Brunswick, 2008 SCC 9, [2008] 1 S.C.R. 190, the standard that applied in these circumstances was patent unreasonableness. The standard is now reasonableness.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
If an applicant succeeds in his res judicata application, does the application have grounds to stay the application? (Canada (Federal), Canada)
What is the standard of review applicable to a panel decision based on a lack of credibility in the refugee status applicant? (Canada (Federal), Canada)
In what circumstances will the Court of Justice MacGuigan order that an applicant must attach his application for refugee status to his refugee status? (Canada (Federal), Canada)
Does the credibility of a refugee claimant have to be considered a factor in determining whether to grant refugee status under s. 52(c)(i) of the Human Rights Code? (Canada (Federal), Canada)
Does the applicant have to prove that he is not a credible witness at a second-level refugee tribunal? (Canada (Federal), Canada)
What are the limits on the amount of time that a court can extend an application to extend the application for an extension of the application? (Canada (Federal), Canada)
What is the impact of the interpreter at the hearing of an applicant's application for a disability benefits application? (MultiRegion, United States of America)
What is the applicable standard of review for the purpose of determining an applicant's application for employment? (Canada (Federal), Canada)
What is the test for perception that a refugee applicant is not credible? (Canada (Federal), Canada)
Is there any case law where a member of the applicant’s medical report concluded that the medical evidence presented by the applicant was inconsistent with the applicant's testimony on the issue of paralysis? (Canada (Federal), Canada)
