TB8-21206

TB8-21206

The RPD erred in concluding the appellant's Burundian and Rwandan passports were fraudulent and that identity was not established; the documentary record and travel history establish the appellant's personal identity and both nationalities on a balance of probabilities, therefore the appeal is allowed and the matter is referred to the RPD for re-determination of the basis of the claim except for identity and nationality which are established absent new evidence.

Citation
TB8-21206
Parties
Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
6 February 2019
Procedural Posture
Refugee Appeal / Appeal Decision (referred to Rpd)
Outcome
Appeal allowed; matter referred to RPD for re-determination with appellant's Burundian and Rwandan identity and nationality established
Legal Topics
Identity Verification, Nationality Determination, Passport Fraud, Standard of Review, Referral for Re Determination
Source Language
English
Immigration Law Refugee Law Citizenship/nationality Law Administrative Law Procedural Fairness Identity Verification Nationality Determination Passport Fraud +2 more

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Parties

XXXX XXXX

Appellant

Procedural Posture

Refugee Appeal / Appeal Decision (referred to Rpd)

Legal Issues

  1. 1 Whether the appellant's identity was established
  2. 2 Whether the appellant holds Burundian and Rwandan nationality
  3. 3 Whether Burundian and Rwandan passports are fraudulent

Ratio Decidendi

The RPD erred in concluding the appellant's Burundian and Rwandan passports were fraudulent and that identity was not established; the documentary record and travel history establish the appellant's personal identity and both nationalities on a balance of probabilities, therefore the appeal is allowed and the matter is referred to the RPD for re-determination of the basis of the claim except for identity and nationality which are established absent new evidence.

Court Disposition

Appeal allowed; matter referred to RPD for re-determination with appellant's Burundian and Rwandan identity and nationality established

Orders

  • Appeal allowed
  • Pursuant to paragraph 111(1)(c) of the Immigration and Refugee Protection Act, refer matter to the Refugee Protection Division for re-determination by a differently constituted panel