TB7-06271

TB7-06271

The RAD set aside the RPD decision because credible new evidence (the principal appellant's sworn affidavit and the father's statement), corroborated at oral hearing, rebutted the presumption that Ethiopian passports constituted proof of Ethiopian citizenship by establishing on a balance of probabilities that the passports were obtained through bribery; the appellants are therefore Eritrean citizens and face a well‑founded fear of persecution in Eritrea (indefinite national service, torture, punishment of failed asylum-seekers), and are Convention refugees under par. 111(1)(b) IRPA.

Citation
TB7-06271
Parties
Appellant Principal: XXXX XXXX XXXX; Appellant Associate: XXXX XXXX XXXX; Appellant Minor: XXXX XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
2 January 2018
Procedural Posture
Refugee Appeal to the Refugee Appeal Division (rad) Under IRPA / RAD Decision on Appeal (par. 111(1)(b) Irpa) Following RPD Negative Determination and Admissibility/oral Hearing on New Evidence
Outcome
Appeal allowed; RAD sets aside RPD determination and substitutes its own determination that the appellants are Convention refugees and persons in need of protection
Legal Topics
Citizenship, Nationality Documentation, National Service/conscription, Admissibility of New Evidence on Appeal, Credibility Assessment, Oral Hearing Under S.110(6), Bribery of Consular Officials, Convention Refugee Determination
Source Language
English
Immigration Refugee Law Nationality Law Administrative Law Citizenship Nationality Documentation National Service/conscription Admissibility of New Evidence on Appeal +4 more

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Parties

XXXX XXXX XXXX

Appellant Principal

XXXX XXXX XXXX

Appellant Associate

XXXX XXXX XXXX XXXX

Appellant Minor

Procedural Posture

Refugee Appeal to the Refugee Appeal Division (rad) Under IRPA / RAD Decision on Appeal (par. 111(1)(b) Irpa) Following RPD Negative Determination and Admissibility/oral Hearing on New Evidence

Legal Issues

  1. 1 Whether the RPD erred in finding the Appellants were Ethiopian citizens based on Ethiopian passports
  2. 2 Whether the new evidence submitted on appeal is admissible under s.110(4) IRPA and Singh/Raza factors
  3. 3 Whether the appellants rebutted the presumption that passports constitute prima facie proof of citizenship

Ratio Decidendi

The RAD set aside the RPD decision because credible new evidence (the principal appellant's sworn affidavit and the father's statement), corroborated at oral hearing, rebutted the presumption that Ethiopian passports constituted proof of Ethiopian citizenship by establishing on a balance of probabilities that the passports were obtained through bribery; the appellants are therefore Eritrean citizens and face a well‑founded fear of persecution in Eritrea (indefinite national service, torture, punishment of failed asylum-seekers), and are Convention refugees under par. 111(1)(b) IRPA.

Court Disposition

Appeal allowed; RAD sets aside RPD determination and substitutes its own determination that the appellants are Convention refugees and persons in need of protection

Orders

  • The RPD decision is set aside and replaced with a determination that the appellants are Eritrean citizens and Convention refugees/persons in need of protection under par. 111(1)(b) IRPA
  • Admit new evidence: principal appellant's affidavit and the father's statement and supporting Saudi/Islam documents (documents a, c, g, h, i) as relevant to identity and credibility