MB7-02646

MB7-02646

The RAD confirmed the RPD's finding that the appellant failed to establish his identity on a balance of probabilities because he presented no acceptable identity documents, offered unsatisfactory and uncorroborated explanations for their absence, and did not make meaningful efforts to obtain other corroborating documents; therefore the RPD's adverse credibility findings were reasonable and the appeal is dismissed.

Citation
MB7-02646
Parties
Appellant (person Who Is the Subject of the Appeal): XXXX XXXX; Respondent (minister): Minister of Public Safety and Emergency Preparedness
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
19 March 2019
Procedural Posture
Refugee Appeal Under Immigration and Refugee Protection Act / Decision on Appeal by Refugee Appeal Division (no Hearing Held)
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Identity Verification, Credibility Assessment, Admissibility of Evidence on Appeal, Standard of Review, Burden of Proof
Source Language
English
Immigration Law Refugee Law Administrative Law Identity Verification Credibility Assessment Admissibility of Evidence on Appeal Standard of Review Burden of Proof

Case Brief

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Parties

XXXX XXXX

Appellant (person Who Is the Subject of the Appeal)

Minister of Public Safety and Emergency Preparedness

Respondent (minister)

Procedural Posture

Refugee Appeal Under Immigration and Refugee Protection Act / Decision on Appeal by Refugee Appeal Division (no Hearing Held)

Legal Issues

  1. 1 Whether the appellant established his identity on a balance of probabilities
  2. 2 Whether the RPD erred in its credibility findings regarding identity documents
  3. 3 Whether a hearing was required before the RAD under subsection 110(6) IRPA

Ratio Decidendi

The RAD confirmed the RPD's finding that the appellant failed to establish his identity on a balance of probabilities because he presented no acceptable identity documents, offered unsatisfactory and uncorroborated explanations for their absence, and did not make meaningful efforts to obtain other corroborating documents; therefore the RPD's adverse credibility findings were reasonable and the appeal is dismissed.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • The determination of the Refugee Protection Division that the appellant did not establish his identity is confirmed.
  • The appellant is not a Convention refugee under section 96 nor a person in need of protection under section 97 of the IRPA.