TB9-03233

TB9-03233

The appeal is dismissed because the statutory law establishes the appellant is an Indian citizen by birth, the appellant failed to prove on the balance of probabilities that significant impediments exist that would prevent him from exercising citizenship rights or that he made reasonable efforts to obtain documentation, the admitted new evidence was not dispositive or central to credibility, and he did not demonstrate a serious possibility of persecution or refoulement to China.

Citation
TB9-03233
Parties
Appellant / Person Who Is the Subject of the Appeal: XXXX XXXX; Respondent / Minister: Minister (Respondent)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
21 September 2020
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Decision (reasons for Decision)
Outcome
Appeal dismissed; decision of the Refugee Protection Division confirmed that the appellant is neither a Convention refugee nor a person in need of protection
Legal Topics
Citizenship by Birth, Passport Issuance, No Objection Certificate (noc), Non Refoulement, New Evidence, Oral Hearing, Standard of Proof, Reasonable Efforts
Source Language
English
Immigration Law Refugee Protection Citizenship Law Administrative Law Citizenship by Birth Passport Issuance No Objection Certificate (noc) Non Refoulement +4 more

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Parties

XXXX XXXX

Appellant / Person Who Is the Subject of the Appeal

Minister (Respondent)

Respondent / Minister

Procedural Posture

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

Legal Issues

  1. 1 Whether the appellant is an Indian citizen by birth under Indian law
  2. 2 Whether there is a significant impediment preventing exercise of citizenship rights (notably obtaining a passport)
  3. 3 Whether the appellant made reasonable efforts to overcome any impediments

Ratio Decidendi

The appeal is dismissed because the statutory law establishes the appellant is an Indian citizen by birth, the appellant failed to prove on the balance of probabilities that significant impediments exist that would prevent him from exercising citizenship rights or that he made reasonable efforts to obtain documentation, the admitted new evidence was not dispositive or central to credibility, and he did not demonstrate a serious possibility of persecution or refoulement to China.

Court Disposition

Appeal dismissed; decision of the Refugee Protection Division confirmed that the appellant is neither a Convention refugee nor a person in need of protection

Orders

  • Appeal dismissed; RPD decision confirmed