TB7-02958

TB7-02958

The Appellant failed to establish her personal and national identity on a balance of probabilities. The RAD found the RPD reasonably discounted the birth certificate and student identification because of multiple facial irregularities and inconsistencies and the prevalence of fraudulent documents from Eritrea; the vaccination record, although not impugned for clinic type after new evidence, is a tertiary document with little probative value and does not establish nationality. The two articles on Eritrean health clinics were admissible but did not alter the identity assessment; no oral hearing was warranted. Therefore the RPD decision that the Appellant is neither a Convention refugee nor...

Citation
TB7-02958
Parties
Appellant: XXXX XXXX; Designated Representative: XXXX XXXX; Respondent/minister: Minister of Citizenship and Immigration
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
6 July 2017
Procedural Posture
Refugee Protection Appeal (refugee Appeal Division) / Appeal From Refugee Protection Division Decision; RAD Review for Confirmation or Redetermination
Outcome
Appeal dismissed; RPD decision confirmed that Appellant is neither a Convention refugee nor a person in need of protection pursuant to IRPA s.111(1)(a).
Legal Topics
Identity Documents, Admissibility of New Evidence (s.110(4)), Request for Oral Hearing (s.110(6)), Procedural Fairness, Standard of Review/deference, Weight of Documentary Evidence
Source Language
English
Immigration Law Refugee Law Administrative Law Evidence Law Identity Documents Admissibility of New Evidence (s.110(4)) Request for Oral Hearing (s.110(6)) Procedural Fairness +2 more

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Parties

XXXX XXXX

Appellant

XXXX XXXX

Designated Representative

Minister of Citizenship and Immigration

Respondent/minister

Procedural Posture

Refugee Protection Appeal (refugee Appeal Division) / Appeal From Refugee Protection Division Decision; RAD Review for Confirmation or Redetermination

Legal Issues

  1. 1 Whether the Appellant established personal and national identity on a balance of probabilities
  2. 2 Admissibility of new evidence under IRPA s.110(4) and application of Raza/Singh factors
  3. 3 Whether an oral hearing under IRPA s.110(6) was required

Ratio Decidendi

The Appellant failed to establish her personal and national identity on a balance of probabilities. The RAD found the RPD reasonably discounted the birth certificate and student identification because of multiple facial irregularities and inconsistencies and the prevalence of fraudulent documents from Eritrea; the vaccination record, although not impugned for clinic type after new evidence, is a tertiary document with little probative value and does not establish nationality. The two articles on Eritrean health clinics were admissible but did not alter the identity assessment; no oral hearing was warranted. Therefore the RPD decision that the Appellant is neither a Convention refugee nor...

Court Disposition

Appeal dismissed; RPD decision confirmed that Appellant is neither a Convention refugee nor a person in need of protection pursuant to IRPA s.111(1)(a).

Orders

  • Decision of the Refugee Protection Division confirmed; appeal dismissed pursuant to Immigration and Refugee Protection Act s.111(1)(a)