MB9-04080

MB9-04080

The RPD properly exercised its jurisdiction to assess the authenticity of the appellants' identity documents; those documents contained significant irregularities and contradictions sufficient to rebut the presumption of authenticity and therefore were not acceptable to establish the appellants' identities or DRC citizenship on a balance of probabilities, warranting dismissal of the appeals.

Citation
MB9-04080
Parties
Principal Appellant: XXXX XXXX; Associate Appellant (minor): XXXX XXXX; Respondent: Minister of Immigration
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
30 December 2020
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Final Decision on Appeal
Outcome
Appeals dismissed
Legal Topics
Identity Documents, Authenticity of Documents, Burden of Proof, Credibility, Jurisdiction
Source Language
English
Immigration Law Refugee Law Administrative Law Identity Documents Authenticity of Documents Burden of Proof Credibility Jurisdiction

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX

Associate Appellant (minor)

Minister of Immigration

Respondent

Procedural Posture

Refugee Appeal (refugee Appeal Division) / Final Decision on Appeal

Legal Issues

  1. 1 Whether the Refugee Protection Division had jurisdiction to assess the authenticity of foreign identity documents
  2. 2 Whether the appellants established their identities and nationality on a balance of probabilities
  3. 3 Whether an oral hearing could be granted absent new evidence under s.110(6) of the Act

Ratio Decidendi

The RPD properly exercised its jurisdiction to assess the authenticity of the appellants' identity documents; those documents contained significant irregularities and contradictions sufficient to rebut the presumption of authenticity and therefore were not acceptable to establish the appellants' identities or DRC citizenship on a balance of probabilities, warranting dismissal of the appeals.

Court Disposition

Appeals dismissed

Orders

  • Appeals dismissed.
  • Request for an oral hearing denied due to absence of new evidence under s.110(6) of the Act.