TB3-02809

TB3-02809

Biometric and documentary evidence submitted by the Minister established the claimant's identity as a Kenyan with prior foreign entries and a Canadian study permit; the RPD erred in accepting the claimant's asserted Somali identity without proper documentation or explanation; the claimant's non‑participation in the appeal permits an adverse inference; therefore the claim is fraudulent, manifestly unfounded and has no credible basis, and the RAD sets aside the RPD decision and substitutes that the claimant is not a Convention refugee nor a person in need of protection.

Citation
TB3-02809
Parties
Person Who Is the Subject of the Appeal: XXXX XXXX XXXX; Appellant: Minister (Appellant)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
12 July 2013
Procedural Posture
Refugee Appeal Under the Immigration and Refugee Protection Act / Appeal to Refugee Appeal Division From Refugee Protection Division Decision
Outcome
Appeal allowed; RAD sets aside the RPD determination and substitutes that the claimant is not a Convention refugee and not a person in need of protection; claim declared manifestly unfounded and without credible basis.
Legal Topics
Identity Fraud, Credibility, Manifestly Unfounded Claim, Biometric Evidence, Convention Refugee Determination
Source Language
English
Immigration Refugee Law Administrative Law Identity Fraud Credibility Manifestly Unfounded Claim Biometric Evidence Convention Refugee Determination

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Parties

XXXX XXXX XXXX

Person Who Is the Subject of the Appeal

Minister (Appellant)

Appellant

Procedural Posture

Refugee Appeal Under the Immigration and Refugee Protection Act / Appeal to Refugee Appeal Division From Refugee Protection Division Decision

Legal Issues

  1. 1 Whether the claimant's asserted identity and nationality are credible
  2. 2 Whether new biometric and documentary evidence submitted by the Minister is admissible and probative
  3. 3 Whether an oral hearing before the RAD was required

Ratio Decidendi

Biometric and documentary evidence submitted by the Minister established the claimant's identity as a Kenyan with prior foreign entries and a Canadian study permit; the RPD erred in accepting the claimant's asserted Somali identity without proper documentation or explanation; the claimant's non‑participation in the appeal permits an adverse inference; therefore the claim is fraudulent, manifestly unfounded and has no credible basis, and the RAD sets aside the RPD decision and substitutes that the claimant is not a Convention refugee nor a person in need of protection.

Court Disposition

Appeal allowed; RAD sets aside the RPD determination and substitutes that the claimant is not a Convention refugee and not a person in need of protection; claim declared manifestly unfounded and without credible basis.

Orders

  • Set aside the Refugee Protection Division decision and substitute a decision that the claimant is not a Convention refugee pursuant to s.96 IRPA nor a person in need of protection pursuant to s.97 IRPA; declare the claim manifestly unfounded pursuant to s.107.1 IRPA and that there is no credible basis for the claim...