TB8-00827

TB8-00827

The RAD confirmed the RPD's central finding that the appellant failed to establish his identity as a Somali national on a balance of probabilities; the purported new evidence was not admissible because it was already before the RPD; absent admissible new evidence the statutory criteria for an oral hearing under s.110(6) were not met; therefore the RPD decision rejecting the refugee claim is confirmed.

Citation
TB8-00827
Parties
Appellant / Person Who Is the Subject of the Appeal: XXXX XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
16 May 2019
Procedural Posture
Refugee Appeal Under the Immigration and Refugee Protection Act / Decision on Admissibility of New Evidence and Merits; Appeal Dismissed by RAD
Outcome
Appeal dismissed; RPD decision confirmed pursuant to paragraph 111(1)(a) of the IRPA
Legal Topics
Identity, Credibility, Admissibility of New Evidence, Oral Hearing Request, Standard of Review
Source Language
English
Immigration Law Refugee Law Administrative Law Identity Credibility Admissibility of New Evidence Oral Hearing Request Standard of Review

Case Brief

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Parties

XXXX XXXX XXXX

Appellant / Person Who Is the Subject of the Appeal

Minister

Respondent

Procedural Posture

Refugee Appeal Under the Immigration and Refugee Protection Act / Decision on Admissibility of New Evidence and Merits; Appeal Dismissed by RAD

Legal Issues

  1. 1 Whether the appellant established his identity as a Somali national
  2. 2 Whether the documentary evidence submitted on appeal is admissible under s.110(4) IRPA
  3. 3 Whether an oral hearing should be granted under s.110(6) IRPA

Ratio Decidendi

The RAD confirmed the RPD's central finding that the appellant failed to establish his identity as a Somali national on a balance of probabilities; the purported new evidence was not admissible because it was already before the RPD; absent admissible new evidence the statutory criteria for an oral hearing under s.110(6) were not met; therefore the RPD decision rejecting the refugee claim is confirmed.

Court Disposition

Appeal dismissed; RPD decision confirmed pursuant to paragraph 111(1)(a) of the IRPA

Orders

  • Appeal dismissed and RPD decision confirmed pursuant to s.111(1)(a) IRPA
  • New evidence not admitted under s.110(4) IRPA