TB8-07950

TB8-07950

The appeal is dismissed because the appellants failed to establish their identities on a balance of probabilities; pervasive inconsistencies between visa applications and refugee claims, unreliable documentary evidence, conflicting testimony about a smuggler, and the unexplained absence of passports and travel documents justified adverse inferences and supported the RPD's negative credibility and identity findings, which the RAD independently confirmed.

Citation
TB8-07950
Parties
Principal Appellant: XXXX XXXX XXXX; Associate Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
11 June 2019
Procedural Posture
Refugee Appeal / Decision on Appeal by Refugee Appeal Division
Outcome
Appeal dismissed; RPD negative determination confirmed pursuant to paragraph 111(1)(a) IRPA
Legal Topics
Identity Verification, Documentary Evidence, Credibility, Smuggling, Adverse Inference
Source Language
English
Immigration Refugee Law Administrative Law Identity Verification Documentary Evidence Credibility Smuggling Adverse Inference

Case Brief

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX

Associate Appellant

Procedural Posture

Refugee Appeal / Decision on Appeal by Refugee Appeal Division

Legal Issues

  1. 1 Whether the appellants established their identities on a balance of probabilities
  2. 2 Whether inconsistencies in visa applications and testimony rebut the presumption of truthfulness
  3. 3 Whether the RPD erred in drawing negative inferences from missing passports and travel documents

Ratio Decidendi

The appeal is dismissed because the appellants failed to establish their identities on a balance of probabilities; pervasive inconsistencies between visa applications and refugee claims, unreliable documentary evidence, conflicting testimony about a smuggler, and the unexplained absence of passports and travel documents justified adverse inferences and supported the RPD's negative credibility and identity findings, which the RAD independently confirmed.

Court Disposition

Appeal dismissed; RPD negative determination confirmed pursuant to paragraph 111(1)(a) IRPA

Orders

  • Appeal dismissed
  • RPD decision confirmed