TB8-24429

TB8-24429

On a balance of probabilities the appellant failed to establish identity because the primary identity documents (national identity card and birth certificate) were found not authentic due to facial irregularities, contradictory testimony about issuance and provenance, and corroborating objective evidence of widespread fraud; secondary documents did not independently establish identity once primary documents were rejected; therefore the RPD decision was correct and the appeal is dismissed.

Citation
TB8-24429
Parties
Appellant / Person Who Is the Subject of the Appeal: XXXX XXXX XXXX; Respondent / Minister: Minister of Immigration, Refugees and Citizenship
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
29 July 2019
Procedural Posture
Refugee Protection Appeal to the Refugee Appeal Division (rad) / Final Decision by RAD (appeal Dismissed)
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Identity Documentation, Credibility Assessment, Burden of Proof, Document Authenticity, Standard of Review
Source Language
English
Immigration Refugee Law Administrative Law Identity Documentation Credibility Assessment Burden of Proof Document Authenticity Standard of Review

Case Brief

Summary, issues, holding and outcome

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Parties

XXXX XXXX XXXX

Appellant / Person Who Is the Subject of the Appeal

Minister of Immigration, Refugees and Citizenship

Respondent / Minister

Procedural Posture

Refugee Protection Appeal to the Refugee Appeal Division (rad) / Final Decision by RAD (appeal Dismissed)

Legal Issues

  1. 1 Whether the appellant established his identity with acceptable documentation as required by s.106 IRPA and RPD Rule 11
  2. 2 Whether the RPD properly rebutted the presumption of validity of government‑issued documents
  3. 3 Whether the RPD properly assessed the totality of the evidence after rejecting primary identity documents

Ratio Decidendi

On a balance of probabilities the appellant failed to establish identity because the primary identity documents (national identity card and birth certificate) were found not authentic due to facial irregularities, contradictory testimony about issuance and provenance, and corroborating objective evidence of widespread fraud; secondary documents did not independently establish identity once primary documents were rejected; therefore the RPD decision was correct and the appeal is dismissed.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Dismiss the appeal and confirm the Refugee Protection Division decision that the appellant is neither a Convention refugee nor a person in need of protection, pursuant to section 111(1)(a) IRPA.