MB9-28758

MB9-28758

The appeal is dismissed because the appellant failed to establish his identity on a balance of probabilities: reliable expert analysis showed an altered passport and counterfeit driver's licence, material contradictions existed between submitted civil status documents and the appellant's own statements, the supplemental judgment and birth certificate lacked credibility, and the admitted new evidence did not cure these deficiencies nor justify an oral hearing.

Citation
MB9-28758
Parties
Appellant/person in Cause: XXXX XXXX; Respondent/minister: Minister of Immigration, Refugees and Citizenship; Panel Member: Agnès Connat
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
21 December 2020
Procedural Posture
Refugee Protection Appeal / Refugee Appeal Division Decision on Admissibility of New Evidence, Oral Hearing Request and Correctness of RPD Identity Finding
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Identity, Document Authenticity, Credibility Findings, Admission of New Evidence, Oral Hearing Standard, Birth Registration, Fraudulent Documents
Source Language
English
Immigration Refugee Law Administrative Law Evidence Law Identity Document Authenticity Credibility Findings Admission of New Evidence +3 more

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Parties

XXXX XXXX

Appellant/person in Cause

Minister of Immigration, Refugees and Citizenship

Respondent/minister

Agnès Connat

Panel Member

Procedural Posture

Refugee Protection Appeal / Refugee Appeal Division Decision on Admissibility of New Evidence, Oral Hearing Request and Correctness of RPD Identity Finding

Legal Issues

  1. 1 Whether the RPD erred in its analysis of the appellant's identity
  2. 2 Whether newly submitted evidence (supplemental judgment and children's passports) should be admitted and the weight to give them
  3. 3 Whether an oral hearing is required under s.110(6) IRPA

Ratio Decidendi

The appeal is dismissed because the appellant failed to establish his identity on a balance of probabilities: reliable expert analysis showed an altered passport and counterfeit driver's licence, material contradictions existed between submitted civil status documents and the appellant's own statements, the supplemental judgment and birth certificate lacked credibility, and the admitted new evidence did not cure these deficiencies nor justify an oral hearing.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed and Refugee Protection Division decision confirmed
  • Request for an oral hearing denied