TB8-19312

TB8-19312

The RAD confirmed the RPD's adverse credibility finding that the appellants are Indian citizens because they failed to rebut the prima facie validity of Indian passports and provided insufficient, vague or inconsistent evidence (including weak Afghan documentation), and therefore failed to establish nexus to a Convention ground or a risk under s.97; accordingly the appeal is dismissed.

Citation
TB8-19312
Parties
Principal Appellant: XXXX XXXX; Female Appellant: XXXX XXXX; Son Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
3 January 2020
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Decision (reasons for Decision)
Outcome
Appeal dismissed; decision of the Refugee Protection Division confirmed
Legal Topics
Credibility Assessment, Nationality and Identity, Document Authenticity (passports, Tazkira), Convention Refugee Nexus, Section 97 Risk
Source Language
English
Immigration and Refugee Law Administrative Law Evidence Credibility Assessment Nationality and Identity Document Authenticity (passports, Tazkira) Convention Refugee Nexus Section 97 Risk

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX

Female Appellant

XXXX XXXX XXXX

Son Appellant

Procedural Posture

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

Legal Issues

  1. 1 Whether appellants are nationals of India or Afghanistan
  2. 2 Whether Indian passports are presumed valid and whether that presumption was rebutted
  3. 3 Whether documentary evidence from Afghanistan (tazkira, AWO letter) was authentic and probative

Ratio Decidendi

The RAD confirmed the RPD's adverse credibility finding that the appellants are Indian citizens because they failed to rebut the prima facie validity of Indian passports and provided insufficient, vague or inconsistent evidence (including weak Afghan documentation), and therefore failed to establish nexus to a Convention ground or a risk under s.97; accordingly the appeal is dismissed.

Court Disposition

Appeal dismissed; decision of the Refugee Protection Division confirmed

Orders

  • Appeal dismissed
  • Decision of the RPD dated July 12, 2018 confirmed pursuant to section 111(1)(a) of the Immigration and Refugee Protection Act