TB8-23066

TB8-23066

The RAD dismissed the appeal because, on independent review, the appellants failed to meet the statutory standards: credibility and plausibility findings by the RPD were justified; the Principal Appellant is more likely than not an Indian citizen based on documentary and contextual evidence; the RCMP printout did not render reporting a false passport reasonable or probative; the late Afghan passport pages were inadmissible and not credible; consequently appellants did not establish a well‑founded fear of persecution under s.96 or the higher s.97 risk threshold.

Citation
TB8-23066
Parties
Principal Appellant (husband): XXXX XXXX XXXX XXXXXXXX XXXX; Associate Appellant (wife): XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
29 July 2020
Procedural Posture
Refugee Appeal to Refugee Appeal Division / Decision (reasons for Decision)
Outcome
Appeal dismissed; decision of the Refugee Protection Division confirmed.
Legal Topics
Convention Refugee, Person in Need of Protection, Credibility and Plausibility Findings, New and Late Evidence, Citizenship Determination, Procedural Fairness
Source Language
English
Immigration Refugee Law Administrative Law Convention Refugee Person in Need of Protection Credibility and Plausibility Findings New and Late Evidence Citizenship Determination +1 more

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Parties

XXXX XXXX XXXX XXXXXXXX XXXX

Principal Appellant (husband)

XXXX XXXX

Associate Appellant (wife)

Procedural Posture

Refugee Appeal to Refugee Appeal Division / Decision (reasons for Decision)

Legal Issues

  1. 1 Whether the Appellants are Convention refugees
  2. 2 Whether the Appellants are persons in need of protection
  3. 3 Whether the Principal Appellant is a citizen of India or Afghanistan

Ratio Decidendi

The RAD dismissed the appeal because, on independent review, the appellants failed to meet the statutory standards: credibility and plausibility findings by the RPD were justified; the Principal Appellant is more likely than not an Indian citizen based on documentary and contextual evidence; the RCMP printout did not render reporting a false passport reasonable or probative; the late Afghan passport pages were inadmissible and not credible; consequently appellants did not establish a well‑founded fear of persecution under s.96 or the higher s.97 risk threshold.

Court Disposition

Appeal dismissed; decision of the Refugee Protection Division confirmed.

Orders

  • Decision of the RPD confirmed
  • RCMP printout admitted as evidence but not determinative