TB4-05998

TB4-05998

The RAD confirmed the RPD because the appellants failed to establish their identities on a balance of probabilities due to inconsistent and apparently fraudulent identity documents and contradictory documentary evidence, which fatally undermined their credibility and precluded a finding that they are Convention refugees or persons in need of protection.

Citation
TB4-05998
Parties
Appellant (p.a.): XXXX XXXX; Appellant (minor): XXXX XXXX XXXX; Appellant (minor): XXXX XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
20 November 2014
Procedural Posture
Refugee Protection Appeal / Appeal to Refugee Appeal Division From Refugee Protection Division Decision (rad Review and Independent Assessment)
Outcome
Appeal dismissed; RAD confirms RPD decision
Legal Topics
Identity Documentation, Credibility, Internal Flight Alternative, Gender Based Persecution, Administrative Standard of Review
Source Language
English
Immigration Refugee Law Administrative Law Identity Documentation Credibility Internal Flight Alternative Gender Based Persecution Administrative Standard of Review

Case Brief

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Parties

XXXX XXXX

Appellant (p.a.)

XXXX XXXX XXXX

Appellant (minor)

XXXX XXXX XXXX XXXX

Appellant (minor)

Procedural Posture

Refugee Protection Appeal / Appeal to Refugee Appeal Division From Refugee Protection Division Decision (rad Review and Independent Assessment)

Legal Issues

  1. 1 Whether appellants established their identities on a balance of probabilities
  2. 2 Whether the RPD's adverse credibility findings and findings of fraudulent documents were reasonable
  3. 3 Whether appellants qualify as Convention refugees or persons in need of protection

Ratio Decidendi

The RAD confirmed the RPD because the appellants failed to establish their identities on a balance of probabilities due to inconsistent and apparently fraudulent identity documents and contradictory documentary evidence, which fatally undermined their credibility and precluded a finding that they are Convention refugees or persons in need of protection.

Court Disposition

Appeal dismissed; RAD confirms RPD decision

Orders

  • Appeal dismissed and RPD decision confirmed pursuant to subsection 111(1)(a) of the Immigration and Refugee Protection Act