TB8-18340

RAD File / Dossier de la SAR : TB8-18340 TB8-18341 Private Proceeding / Huis clos Reasons and decision ? Motifs et décision Person(s) who is(are) the subject of the appeal XXXX XXXX XXXX XXXX XXXX (a.k.a XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX(a.k.a XXXX XXXX XXXX Personne(s) en cause Appeal considered / heard at Ottawa, ON Appel instruit / entendu à Date of decision 28 March 2019 Date de la décision Panel Paula Thompson Tribunal Counsel for the person(s) who is(are) the subject of the appeal N/A Conseil(s) (de la/des) personne(s) en cause Designated representative XXXX XXXX Représentant(e) désigné(e) Counsel for the Minister Andrea Lewis Conseil du ministre REASONS FOR DECISION OVERVIEW [1] The Refugee Protection Division (RPD) accepted the refugee claims of XXXX XXXX XXXX XXXX, a.k.a XXXX XXXX, (Principal Respondent) and XXXX XXXX XXXX, a.k.a XXXX XXXX, (Minor Respondent) on June 21, 2018. The Respondents claimed to be Somali citizens. A Designated Representative (DR), XXXX XXXX XXXX was appointed for the Minor Respondent at the RPD. The DR was appointed by the RPD because of concerns of possible child abduction given that the father of the minor respondent was not part of the refugee claim.1 [2] The Minister of Immigration, Refugees and Citizenship and the Minister of Public Safety and Emergency Preparedness appeal the positive RPD decisions on the Respondents' claims. Relying on new evidence, the Minister argues that the Respondents are citizens of Norway and that they committed fraud to gain protected status in Canada. [3] The Ministers' appeal is allowed. Pursuant to section 111(1)(b) of the Immigration and Refugee Protection Act (IRPA), I set aside the determination of the RPD and substitute my own determination that the Respondents are neither Convention refugees nor persons in need of protection. ANALYSIS [4] The Respondents did not file any arguments or other evidence in this appeal. The following timeline is helpful in analyzing the appeal: * June 21, 2018: Positive RPD determination * August 13, 2018: Minister's Appeal filed2 * August 14, 2018: Statement of Delivery, Appeal Record3 * August 15, 2018: Respondents' notice to withdraw RPD claims4 * September 4, 2018: Letter from Designated Representative5 [5] The Appellant provided new evidence on appeal which is admitted into evidence further to section 110(1.1) of the IRPA. [6] The Minister submitted colour photos from the Norwegian passports for the Respondents as well as the photos taken when the Respondents made their refugee claims in Canada under different names. The Appellant submits that the Principal Respondent actively deceived the RPD by failing to disclose her Norwegian identity. They also submit that the Respondents entered Canada using their real names, on their Norwegian passports, in 2016 and again in 2017, before claiming refugee status at an inland office using assumed names. [7] The Appellant submits that, given the new information, the Respondents have not demonstrated on a balance of probabilities that they are who they said they were at the RPD hearing and in their refugee claim documents. [8] I agree with the Appellant. I have examined the new evidence6 provided by the Minister, and in particular have carefully compared the colour photographs found in the Norwegian documentation with the colour photos of the Respondents taken in Canada. I find that on a balance of probabilities the Respondents are the individuals identified in the Norwegian passports as XXXX XXXX and XXXX XXXX XXXX the same individuals who entered Canada on their Norwegian passports in 2016 and again in 2017. I also find that the Respondents are, on a balance of probabilities, citizens of Norway. [9] The Respondents did not file any evidence or arguments in this appeal. According to the evidence on record, the Respondents attempted to withdraw their refugee claims the day after receiving notification of the Minister's appeal.7 The DR assigned to the Minor Respondent has attempted to contact the Respondents to no avail. The DR contacted the Respondents' former counsel who informed her that the Respondents had withdrawn their RPD claim. He told the DR that he thought the Respondents had left the country.8 This evidence suggests to me that the Respondents are aware of the appeal and have chosen to not provide any evidence on appeal. [10] On the strength of the information on the Norwegian passports supplied to the Appellant by INTERPOL OSLO, and in the absence of any evidence to the contrary, I find that the Respondents are, on a balance of probabilities, citizens of Norway. The Respondents have neither alleged, nor established, on a balance of probabilities, that they face any risk at all in Norway. As such, they have not established that they face a serious possibility of persecution in Norway, nor that, on a balance of probabilities, they would be personally subjected to a danger of torture, a risk to life, or a risk of cruel and unusual treatment or punishment in Norway. CONCLUSION [11] The Minister's appeal is allowed. Pursuant to section 111(1)(b) of the Immigration and Refugee Protection Act (IRPA), the RAD sets aside the determination of the RPD and substitutes its own determination that the Respondents are neither Convention refugees nor persons in need of protection. (signed) "Paula Thompson" Paula Thompson 28 March 2019 Date 1 RPD-1, RPD transcript of June 21, 2018 hearing, page 3. 2 P-2, Appellant's Notice of Appeal. August 13, 2018. 3 P-2, Appellant's Record, Statement of Delivery. August 14, 2018. 4 RAD-1, Notice of Withdrawal of Refugee Claim, August 15, 2018. 5 RAD-2, Letter from XXXX, Designated Representative, September 4, 2018. 6 P-2, Appellant's Record, specifically the INTERPOL OSLO email with attachments, the ICES Traveller History, the GCMS photos and the Photo Comparison Chart. 7 Supra note 4 8 Supra note 5. --------------- ------------------------------------------------------------ --------------- ------------------------------------------------------------ RAD File / Dossier de la SAR : TB8-18340 TB8-18341 RAD.25.02 (September 18, 2018) Disponible en français 3 Immigration and Refugee Board of Canada Refugee Appeal Division Commission de l'immigration et du statut de réfugié du Canada Section d'appel des réfugiés RAD.25.02 (September 18, 2018) Disponible en français