TC2-07428

TC2-07428

Appeal dismissed because, on the balance of probabilities and after weighing all documentary and testimonial evidence against significant credibility contradictions and failures to produce reasonably available corroboration, the appellant did not establish his personal and national identity and therefore failed to...

Source-derived case information.

Citation
TC2-07428
Parties
Appellant: XXXX XXXX; Intervenor: Minister of Public Safety and Emergency Preparedness
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
14 July 2022
Procedural Posture
Refugee Appeal / Appeal to Refugee Appeal Division Reasons and Decision
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Identity, Burden of Proof, Credibility Assessment, Statelessness, Ethnic Discrimination (afro Mauritanians)
Source Language
english
Immigration Refugee Law Nationality Law Identity Burden of Proof Credibility Assessment Statelessness Ethnic Discrimination (afro Mauritanians)

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

XXXX XXXX

Appellant

Minister of Public Safety and Emergency Preparedness

Intervenor

Procedural Posture

Refugee Appeal / Appeal to Refugee Appeal Division Reasons and Decision

Legal Issues

  1. 1 Whether appellant established personal and national identity on a balance of probabilities
  2. 2 Whether documentary and testimonial evidence were acceptable and sufficient to establish identity
  3. 3 Whether credibility findings justified rejecting identity evidence

Ratio Decidendi

Appeal dismissed because, on the balance of probabilities and after weighing all documentary and testimonial evidence against significant credibility contradictions and failures to produce reasonably available corroboration, the appellant did not establish his personal and national identity and therefore failed to meet the burden required for refugee protection.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed
  • Appellant is neither a Convention refugee nor a person in need of protection