MB4-01374

MB4-01374

The appellant's credibility regarding his presence in Pakistan in 2012-2013 was fundamentally undermined by omissions and inconsistent statements about a Pakistani passport and UK residence; the documentary evidence he produced (employee card, experience certificate, police complaints) had substantive gaps or indicia of unreliability and could not, in context of known prevalence of forged documents and the appellant's credibility issues, establish presence in Pakistan. Therefore the RPD's rejection of the claim was correct and is confirmed by the RAD.

Citation
MB4-01374
Parties
Appellant: XXXX XXXX; Intervener/respondent: Minister of Public Safety
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
10 September 2014
Procedural Posture
Refugee Protection Appeal (rad) / Decision on Appeal Confirming RPD Determination
Outcome
Appeal dismissed; RPD determination confirmed.
Legal Topics
Credibility Assessment, Documentary Evidence, Presence in Country, Passport and Travel Documents, Police Reports and Firs, Forgery Risk, Appellate Standard of Review
Source Language
English
Immigration Refugee Law Administrative Law Credibility Assessment Documentary Evidence Presence in Country Passport and Travel Documents Police Reports and Firs +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 12 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

XXXX XXXX

Appellant

Minister of Public Safety

Intervener/respondent

Procedural Posture

Refugee Protection Appeal (rad) / Decision on Appeal Confirming RPD Determination

Legal Issues

  1. 1 Whether the appellant was present in Pakistan in 2012-2013
  2. 2 Whether the RPD misassessed documentary evidence (employee card, experience certificate, police complaints)
  3. 3 Whether omissions and misrepresentations regarding UK residence and passport undermine credibility

Ratio Decidendi

The appellant's credibility regarding his presence in Pakistan in 2012-2013 was fundamentally undermined by omissions and inconsistent statements about a Pakistani passport and UK residence; the documentary evidence he produced (employee card, experience certificate, police complaints) had substantive gaps or indicia of unreliability and could not, in context of known prevalence of forged documents and the appellant's credibility issues, establish presence in Pakistan. Therefore the RPD's rejection of the claim was correct and is confirmed by the RAD.

Court Disposition

Appeal dismissed; RPD determination confirmed.

Orders

  • Appeal dismissed
  • RPD determination confirmed that appellant is not a Convention refugee under s.96 IRPA nor a person in need of protection under s.97 IRPA