RAD cannot provide such a final determination without hearing the oral evidence already presented to the RAD’s own determination of the refugee claim. RPD’s decision or setting it aside and substituting the It is then to provide a final determination, either confirming the RPD’s decision and then carry out its own analysis of the record to determine whether, as submitted by the Appellant, the According to the Federal Court of Appeal, the This is the statutory configuration of an appeal before the RAD. RPD’s decision, and (iii) is to be concerned solely with the errors of law, of fact or of mixed fact and law that, according to the appellant, the RPD, (ii) unless new evidence is accepted, is to be entertained on the basis of the record as it was constituted at the time of the RAD is a creature of statute and so is the appeal before it its role and jurisdiction are best determined by looking at the legislative provisions creating the The Appellant makes no specific submissions on the standard of review to be applied here. RAD is to review the decision of the lower tribunal. IRPA sets out grounds for appeal as well as possible remedies, it does not specify the standard by which the RPD member has previously rendered very similar decisions which were overturned by the RPD erred in finding that she can freely practice her religion in Pakistan, in making unsustainable credibility findings, in concluding that she lacks subjective fear or an objective basis for such fear, and in failing to conduct an analysis under section 97 of the If that were the case every Ahmadi would be a refugee.” Footnote 1 RPD acknowledged the existence of laws targeting the Ahmadi minority but found that “this does not necessarily give good grounds for fearing persecution. However, it cited a number of credibility concerns, found that the Appellant had no particular profile as an Ahmadi, and concluded that she also lacks subjective fear. The panel accepted the Appellant’s national identity as a citizen of Pakistan and her religious identity as an Ahmadi. The Appellant’s application for refugee protection was heard on November 3, 2016. RPD that she is a devout member of the Ahmadi religious minority in Pakistan, and that she fears persecution in her country of origin because of her faith. RPD and substitutes its determination that the Appellant is a Convention refugee. Immigration and Refugee Protection Act ( IRPA), the RPD and either find her to be a Convention refugee or refer the matter back to the The Appellant asks the Refugee Appeal Division ( RAD) to set aside the negative determination of the She has submitted no new evidence in support of her appeal. XXXX XXXX (the Appellant), a citizen of Pakistan, appeals a decision of the Refugee Protection Division ( RPD) denying her claim for refugee protection.
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