TB8-08837

TB8-08837

Although objective country evidence shows a historical impediment and inconsistent executive treatment of Tibetans born in India, the Principal Appellant failed the second prong of the control test by not making reasonable efforts to obtain Indian citizenship or a passport (notably failing to use an existing school Transfer Certificate acceptable to Indian authorities and failing to corroborate or pursue alternative steps such as NORI/return visa procedures); negative credibility findings regarding denial of documents were central and justified reversing sworn testimony; accordingly the RAD confirmed the RPD and dismissed the appeal.

Citation
TB8-08837
Parties
Principal Appellant: XXXX XXXX; Minor Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
20 September 2019
Procedural Posture
Refugee Appeal Under IRPA / Decision of the Refugee Appeal Division (rad) Confirming Rpd)
Outcome
Appeal dismissed; decision of the Refugee Protection Division confirmed; Appellants are neither Convention refugees nor persons in need of protection pursuant to section 111(1)(a) IRPA
Legal Topics
Control Test, Citizenship by Birth, Credibility Findings, State Protection, Reasonable Efforts to Overcome Administrative Impediments
Source Language
English
Immigration Refugee Law Citizenship Law Administrative Law Control Test Citizenship by Birth Credibility Findings State Protection +1 more

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX

Minor Appellant

Procedural Posture

Refugee Appeal Under IRPA / Decision of the Refugee Appeal Division (rad) Confirming Rpd)

Legal Issues

  1. 1 Whether a significant impediment exists that prevents the Appellants from exercising their citizenship rights in India
  2. 2 Whether the Appellants made reasonable efforts to overcome any such impediment
  3. 3 Whether the Principal Appellant's credibility findings justified discounting her evidence about identity documents and consular instructions

Ratio Decidendi

Although objective country evidence shows a historical impediment and inconsistent executive treatment of Tibetans born in India, the Principal Appellant failed the second prong of the control test by not making reasonable efforts to obtain Indian citizenship or a passport (notably failing to use an existing school Transfer Certificate acceptable to Indian authorities and failing to corroborate or pursue alternative steps such as NORI/return visa procedures); negative credibility findings regarding denial of documents were central and justified reversing sworn testimony; accordingly the RAD confirmed the RPD and dismissed the appeal.

Court Disposition

Appeal dismissed; decision of the Refugee Protection Division confirmed; Appellants are neither Convention refugees nor persons in need of protection pursuant to section 111(1)(a) IRPA

Orders

  • Appeal dismissed and RPD decision of March 5, 2018 confirmed