TB9-03390

TB9-03390

The RPD erred in rejecting the appellants' identities; the birth certificates are entitled to the presumption of authenticity and, together with corroborating documents, establish personal and national identity on a balance of probabilities; the existence of an apparently false voter card and the appellants' use of false passports do not, by themselves, rebut that presumption; the RPD determination is set aside, identities are accepted, and the appeals are remitted to the RPD to determine whether the appellants face a serious possibility of persecution.

Citation
TB9-03390
Parties
Principal Appellant: XXXX XXXX XXXX; Associate Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
15 August 2019
Procedural Posture
Refugee Appeal Under the Immigration and Refugee Protection Act / Appeal of RPD Decision on Identity; Decision Set Aside and Remitted to RPD for Re Determination on Persecution Risk
Outcome
Appeals allowed in part: RPD decision set aside and substituted with finding that the appellants' identities are established; matter referred to the RPD for re-determination of persecution claims while accepting identities.
Legal Topics
Identity Documents, Credibility Assessment, Presumption of Authenticity, Weight of Documentary Evidence, Remittal to Decision Maker
Source Language
English
Immigration Law Refugee Law Administrative Law Identity Documents Credibility Assessment Presumption of Authenticity Weight of Documentary Evidence Remittal to Decision Maker

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Associate Appellant

Procedural Posture

Refugee Appeal Under the Immigration and Refugee Protection Act / Appeal of RPD Decision on Identity; Decision Set Aside and Remitted to RPD for Re Determination on Persecution Risk

Legal Issues

  1. 1 Whether appellants established their personal and national identities under section 106 IRPA by producing acceptable documentary evidence
  2. 2 Whether the RPD properly assessed the probative value and authenticity of government-issued documents (birth certificates, voter card, report card)
  3. 3 Whether use of false passports to travel to Canada justified drawing an adverse inference on credibility as to identity

Ratio Decidendi

The RPD erred in rejecting the appellants' identities; the birth certificates are entitled to the presumption of authenticity and, together with corroborating documents, establish personal and national identity on a balance of probabilities; the existence of an apparently false voter card and the appellants' use of false passports do not, by themselves, rebut that presumption; the RPD determination is set aside, identities are accepted, and the appeals are remitted to the RPD to determine whether the appellants face a serious possibility of persecution.

Court Disposition

Appeals allowed in part: RPD decision set aside and substituted with finding that the appellants' identities are established; matter referred to the RPD for re-determination of persecution claims while accepting identities.

Orders

  • Set aside the Refugee Protection Division determination on identity
  • Substitute finding that identities are established for XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX XXXX XXXX and XXXX XXXX XXXX, citizens of the DRC