TB4-07893

TB4-07893

The RAD confirms the RPD: the appellants failed to prove their identity or nationality because the submitted documents were internally inconsistent, lacked any reliable link to the appellants, and were vulnerable to alteration or purchase per country evidence; credibility and identity determinations are supportable and, on independent assessment, do not establish Convention refugee status or need for protection.

Citation
TB4-07893
Parties
Principal Appellant: XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX; Appellant (spouse): XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX; Appellant (minor): XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
17 December 2014
Procedural Posture
Refugee Appeal / Appeal to Refugee Appeal Division Reviewing RPD Decision (no New Evidence Admitted; No Oral Hearing)
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Credibility Assessment, Identity Documentation, Convention Refugee Determination, Standard of Review and Appellate Substitution
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Assessment Identity Documentation Convention Refugee Determination Standard of Review and Appellate Substitution

Case Brief

Summary, issues, holding and outcome

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Parties

XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX

Appellant (spouse)

XXXX XXXX XXXX

Appellant (minor)

Procedural Posture

Refugee Appeal / Appeal to Refugee Appeal Division Reviewing RPD Decision (no New Evidence Admitted; No Oral Hearing)

Legal Issues

  1. 1 Whether the RPD erred in assessing the appellants' credibility
  2. 2 Whether the appellants established their identity and nationality
  3. 3 Whether the documents submitted (birth certificates, baptismal certificates, driver's licence) reliably linked to the appellants

Ratio Decidendi

The RAD confirms the RPD: the appellants failed to prove their identity or nationality because the submitted documents were internally inconsistent, lacked any reliable link to the appellants, and were vulnerable to alteration or purchase per country evidence; credibility and identity determinations are supportable and, on independent assessment, do not establish Convention refugee status or need for protection.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Pursuant to subsection 111(1)(a) of IRPA the decision of the Refugee Protection Division is confirmed and the appeal is dismissed