MB6-01837

MB6-01837

The RAD dismissed the appeal because the appellant failed to establish his identity on a balance of probabilities, the new originals submitted on appeal were inadmissible under subsection 110(4) IRPA as they merely completed the record, and the RPD's adverse credibility findings and documentary assessments were reasonable and justified; therefore the RPD decision rejecting the claim is confirmed.

Citation
MB6-01837
Parties
Appellant / Person Who Is the Subject of the Appeal: XXXX XXXX XXXX; Respondent / Minister: Minister of Public Safety and Emergency Preparedness
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
5 February 2018
Procedural Posture
Refugee Appeal Under IRPA / Refugee Appeal Division Decision on Appeal From RPD Negative Determination
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Identity, Credibility, Documentary Evidence Admissibility, Standard of Review, Subsection 110(4) IRPA
Source Language
English
Immigration Refugee Law Administrative Law Identity Credibility Documentary Evidence Admissibility Standard of Review Subsection 110(4) IRPA

Case Brief

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Parties

XXXX 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 IRPA / Refugee Appeal Division Decision on Appeal From RPD Negative Determination

Legal Issues

  1. 1 Whether the appellant established his identity on a balance of probabilities
  2. 2 Whether new original documents presented on appeal are admissible under subsection 110(4) IRPA
  3. 3 Whether the RPD erred in its assessment of credibility and documentary evidence

Ratio Decidendi

The RAD dismissed the appeal because the appellant failed to establish his identity on a balance of probabilities, the new originals submitted on appeal were inadmissible under subsection 110(4) IRPA as they merely completed the record, and the RPD's adverse credibility findings and documentary assessments were reasonable and justified; therefore the RPD decision rejecting the claim is confirmed.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed
  • RPD determination that the appellant has not established his identity and is not a Convention refugee under section 96 of IRPA or a person in need of protection under section 97 of IRPA is confirmed