VB8-05617

VB8-05617

The RPD was correct to find that the Appellant failed to prove his identity on a balance of probabilities because he produced insufficient and unreliable documentation, used multiple names, failed to produce original government-issued photo identification (notably a passport) and did not take reasonable steps to obtain probative originals; therefore the refugee claim fails and the appeal is dismissed.

Citation
VB8-05617
Parties
Appellant / Person in Cause: XXXX XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
29 June 2019
Procedural Posture
Refugee Appeal (refugee Appeal Division) From Refugee Protection Division Decision / Decision on Appeal Reasons Delivered
Outcome
Appeal dismissed; decision of the Refugee Protection Division confirmed; Appellant is neither a Convention refugee nor a person in need of protection.
Legal Topics
Identity Verification, Credibility, Admissibility of New Evidence, Documentary Evidence, Birth Registration, Passport Proof, Country of Origin Determination
Source Language
English
Immigration Law Refugee Law Nationality Law Administrative Law Evidence Law Identity Verification Credibility Admissibility of New Evidence +4 more

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Parties

XXXX XXXX XXXX

Appellant / Person in Cause

Minister

Respondent

Procedural Posture

Refugee Appeal (refugee Appeal Division) From Refugee Protection Division Decision / Decision on Appeal Reasons Delivered

Legal Issues

  1. 1 Whether the Appellant established his identity on a balance of probabilities
  2. 2 Whether proposed new evidence is admissible on appeal
  3. 3 Whether an oral hearing before the RAD is required

Ratio Decidendi

The RPD was correct to find that the Appellant failed to prove his identity on a balance of probabilities because he produced insufficient and unreliable documentation, used multiple names, failed to produce original government-issued photo identification (notably a passport) and did not take reasonable steps to obtain probative originals; therefore the refugee claim fails and the appeal is dismissed.

Court Disposition

Appeal dismissed; decision of the Refugee Protection Division confirmed; Appellant is neither a Convention refugee nor a person in need of protection.

Orders

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