TB9-34377

TB9-34377

On the facts and evidence before the RAD, including newly admitted evidence, the Respondent failed to establish on a balance of probabilities that he is a national of Somalia and no other country because core supporting documents from Somalia are prima facie non-genuine, his testimony is generally not credible, and his failure to disclose residential history in Kenya is a material omission; identity not established, therefore claim fails.

Citation
TB9-34377
Parties
Person Who Is the Subject of the Appeal: XXXX XXXX XXXX; Appellant (minister): Minister of Immigration, Refugees and Citizenship
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
3 December 2021
Procedural Posture
Refugee Protection Appeal to the Refugee Appeal Division / Decision on Appeal (substitution of RPD Decision)
Outcome
Appeal allowed; substituted decision that the Respondent is neither a Convention refugee nor a person in need of protection.
Legal Topics
Identity, Credibility, New Evidence Admissibility, Fraudulent Documents, Non Disclosure of Residence
Source Language
English
Immigration Refugee Law Administrative Law Identity Credibility New Evidence Admissibility Fraudulent Documents Non Disclosure of Residence

Case Brief

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Parties

XXXX XXXX XXXX

Person Who Is the Subject of the Appeal

Minister of Immigration, Refugees and Citizenship

Appellant (minister)

Procedural Posture

Refugee Protection Appeal to the Refugee Appeal Division / Decision on Appeal (substitution of RPD Decision)

Legal Issues

  1. 1 Whether the appellant established identity as a Somali national on a balance of probabilities
  2. 2 Whether possession and submission of Kenyan documents impeach credibility and reliability of other evidence
  3. 3 Admissibility and weight of new evidence submitted on appeal

Ratio Decidendi

On the facts and evidence before the RAD, including newly admitted evidence, the Respondent failed to establish on a balance of probabilities that he is a national of Somalia and no other country because core supporting documents from Somalia are prima facie non-genuine, his testimony is generally not credible, and his failure to disclose residential history in Kenya is a material omission; identity not established, therefore claim fails.

Court Disposition

Appeal allowed; substituted decision that the Respondent is neither a Convention refugee nor a person in need of protection.

Orders

  • Appeal allowed
  • Substituted decision: Respondent is not a Convention refugee and not a person in need of protection