TB4-07114

TB4-07114

The appeal is dismissed because the Appellant failed to establish his national identity with credible and trustworthy evidence; the proffered National ID card is inadmissible under s.110(4) IRPA as it pre-dates the RPD decision and was reasonably available, credibility findings about inconsistencies and implausibilities stand, and therefore RAD confirms the RPD decision under s.111(1)(a).

Citation
TB4-07114
Parties
Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
26 November 2014
Procedural Posture
Refugee Appeal Under Immigration and Refugee Protection Act / Appeal to Refugee Appeal Division Following RPD Decision Denying Refugee Protection; Decision on Admissibility of New Evidence and Merits
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Identity Evidence, Credibility Assessment, Admissibility of New Evidence, Standard of Review, Oral Hearing Request
Source Language
English
Immigration Law Refugee Law Administrative Law Identity Evidence Credibility Assessment Admissibility of New Evidence Standard of Review Oral Hearing Request

Case Brief

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Parties

XXXX XXXX

Appellant

Procedural Posture

Refugee Appeal Under Immigration and Refugee Protection Act / Appeal to Refugee Appeal Division Following RPD Decision Denying Refugee Protection; Decision on Admissibility of New Evidence and Merits

Legal Issues

  1. 1 Whether the Appellant established his national identity as a citizen of Saint Lucia
  2. 2 Whether the National ID card is admissible as new evidence under s.110(4) IRPA
  3. 3 Whether an oral hearing should be granted under s.110(6) IRPA

Ratio Decidendi

The appeal is dismissed because the Appellant failed to establish his national identity with credible and trustworthy evidence; the proffered National ID card is inadmissible under s.110(4) IRPA as it pre-dates the RPD decision and was reasonably available, credibility findings about inconsistencies and implausibilities stand, and therefore RAD confirms the RPD decision under s.111(1)(a).

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Pursuant to s.111(1)(a) IRPA the RAD confirms the RPD decision that the Appellant is neither a Convention refugee nor a person in need of protection
  • New evidence (Saint Lucia National ID card and courier envelope) is inadmissible under s.110(4) IRPA