TC0-06530

TC0-06530

The RPD erred by rejecting the Appellant's Green Book solely because it was not current; new credible letters from Tibetan organizations establish the Green Book was genuine and valid when she arrived and renewal is impeded by seizure of the original by CBSA; absence of an entry record is inconclusive given multiple spellings of Tibetan names; because core elements of the refugee claim were not addressed due to the identity finding, the appeal is allowed and the matter is remitted to the RPD for redetermination before a different panel.

Citation
TC0-06530
Parties
Appellant / Person Who Is the Subject of the Appeal: XXXX XXXX; Respondent / Minister: Minister of Immigration, Refugees and Citizenship
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
16 April 2021
Procedural Posture
Refugee Appeal (refugee Appeal Division) From a Refugee Protection Division Decision / Appeal Allowed and Remitted to the RPD for Redetermination Before a Different Panel
Outcome
Appeal allowed; matter remitted to the Refugee Protection Division to be redetermined before a different panel.
Legal Topics
Identity Verification, New Evidence, Credibility, Remittal
Source Language
English
Immigration Refugee Law Administrative Law Identity Verification New Evidence Credibility Remittal

Case Brief

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Parties

XXXX XXXX

Appellant / Person Who Is the Subject of the Appeal

Minister of Immigration, Refugees and Citizenship

Respondent / Minister

Procedural Posture

Refugee Appeal (refugee Appeal Division) From a Refugee Protection Division Decision / Appeal Allowed and Remitted to the RPD for Redetermination Before a Different Panel

Legal Issues

  1. 1 Whether the RPD erred in rejecting the Appellant's Green Book as proof of identity
  2. 2 Whether new evidence submitted on appeal is admissible, credible and relevant
  3. 3 Whether absence of a record of entry undermines the Appellant's credibility given variations in Tibetan name spellings

Ratio Decidendi

The RPD erred by rejecting the Appellant's Green Book solely because it was not current; new credible letters from Tibetan organizations establish the Green Book was genuine and valid when she arrived and renewal is impeded by seizure of the original by CBSA; absence of an entry record is inconclusive given multiple spellings of Tibetan names; because core elements of the refugee claim were not addressed due to the identity finding, the appeal is allowed and the matter is remitted to the RPD for redetermination before a different panel.

Court Disposition

Appeal allowed; matter remitted to the Refugee Protection Division to be redetermined before a different panel.

Orders

  • Appeal allowed.
  • New evidence accepted as having arisen after the RPD decision and as credible and relevant.