TC1-03428

TC1-03428

Although the appeal accepted new evidence that raised serious credibility questions, the decision-maker found the respondents credible on balance: the tribunal accepted that fraudulent Gambian passports and documents can be obtained, accepted respondents' affidavits and certain documentary rebuttals, drew negative...

Source-derived case information.

Citation
TC1-03428
Parties
Principal Respondent: XXXX XXXX; Adult Associate Respondent: XXXX XXXX; Minor Associate Respondent: XXXX XXXX; Appellant: Minister (Appellant)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
12 January 2022
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Reasons and Decision on Appeal; Oral Hearing Held on New Evidence
Outcome
Appeal dismissed; decision of the Refugee Protection Division confirmed that the respondents are Convention refugees.
Legal Topics
Credibility Assessment, Identity Documents, New Evidence Admissibility, State Protection, Internal Flight Alternative, Fraudulent Documents, Oral Hearing Discretion
Source Language
english
Immigration Law Refugee Law Administrative Law Evidence Law Credibility Assessment Identity Documents New Evidence Admissibility State Protection +3 more

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Parties

XXXX XXXX

Principal Respondent

XXXX XXXX

Adult Associate Respondent

XXXX XXXX

Minor Associate Respondent

Minister (Appellant)

Appellant

Procedural Posture

Refugee Appeal (refugee Appeal Division) / Reasons and Decision on Appeal; Oral Hearing Held on New Evidence

Legal Issues

  1. 1 Whether new evidence submitted on appeal undermines the respondents identities and credibility
  2. 2 Whether the identity documents presented by parties are genuine
  3. 3 Whether the respondents remain credible despite omissions about travel and use of false passports

Ratio Decidendi

Although the appeal accepted new evidence that raised serious credibility questions, the decision-maker found the respondents credible on balance: the tribunal accepted that fraudulent Gambian passports and documents can be obtained, accepted respondents' affidavits and certain documentary rebuttals, drew negative inferences for unexplained omissions about 2017 travel but concluded those omissions did not rebut the presumption of truth of their sworn evidence; accordingly the RPD decision that the respondents are Convention refugees was confirmed.

Court Disposition

Appeal dismissed; decision of the Refugee Protection Division confirmed that the respondents are Convention refugees.

Orders

  • Appeal dismissed
  • Decision of the Refugee Protection Division confirmed; respondents recognized as Convention refugees