Credibility

Credibility

1. Presumption of truthfulness BAND EBO

   • Benefit of the doubt
   • Notice to claimant not required
   • Neg. Credibility decisions must be based on evidence
   • Opportunity to provide evidence
   • Appearance of credibility by witness
   • Evidence in it's entirety
   • Assessing balance of credible evidence

2. Lack of Credibility Factors CADDIOIDS

   • Delay
   • Contradictons, inconsistencies & omissions
   • Demeanor of witness
   • Implausibility
   • Outside documentary evidence
   • Special circumstances of claimant
   • Interpreter
   • Lack of proper documents (ID & other)
   • Assessing documens

3. RPD not bound by legal or technical rules of evidence

   • may receive & base decision on evidence adduced in proceedings and considered credible or trustworthy in the circumstances. Including hearsay evidence

4. "No Credible Basis" decisions 107(2)

   • no credible, trustworthy evidence (as opposed to insufficient evidence)
   • No appeal to the RAD
   • No auto stay on Judicial revbiew
   • w/o special stay order by FC, RO effective in 15 days

5. Manifestly Unfounded Claims (MUC) 107.1

   • fraudulent claim
   • No appeal to the RAD
   • No auto Stay on Judicial review
   • w/o special stay order by FC, RO effective in 15 days