MB5-03887

MB5-03887

The RAD dismissed the appeal and confirmed the RPD because the appellant failed to establish her identity on a balance of probabilities: the passport was found altered, the voter card counterfeit, and other documents lacked probative value; the certificate of good conduct filed on appeal was inadmissible under s.110(4) IRPA and no s.110(6) hearing was warranted; the RPD did not breach procedural fairness and its credibility and documentary assessments were reasonable and dispositive.

Citation
MB5-03887
Parties
Appellant: XXXX XXXX XXXX; Respondent Minister: Minister of Public Safety and Emergency Preparedness of Canada
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
6 May 2016
Procedural Posture
Refugee Appeal Under the Immigration and Refugee Protection Act / Decision of the Refugee Appeal Division (rad) on Appeal From Refugee Protection Division (rpd) Determination
Outcome
Appeal dismissed; RPD determination confirmed that appellant is neither a refugee under s.96 nor a person in need of protection under s.97 IRPA
Legal Topics
Identity Documents, Credibility Findings, Admissibility of Fresh Evidence on Appeal, Procedural Fairness, Standard of Review for RAD
Source Language
English
Immigration Law Refugee Law Administrative Law Evidence Law Identity Documents Credibility Findings Admissibility of Fresh Evidence on Appeal Procedural Fairness +1 more

Case Brief

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Parties

XXXX XXXX XXXX

Appellant

Minister of Public Safety and Emergency Preparedness of Canada

Respondent Minister

Procedural Posture

Refugee Appeal Under the Immigration and Refugee Protection Act / Decision of the Refugee Appeal Division (rad) on Appeal From Refugee Protection Division (rpd) Determination

Legal Issues

  1. 1 Whether the RPD breached procedural fairness
  2. 2 Whether the appellant established identity on a balance of probabilities
  3. 3 Whether documents submitted (passport, voter card, birth certificate, certificate of nationality) are acceptable and probative

Ratio Decidendi

The RAD dismissed the appeal and confirmed the RPD because the appellant failed to establish her identity on a balance of probabilities: the passport was found altered, the voter card counterfeit, and other documents lacked probative value; the certificate of good conduct filed on appeal was inadmissible under s.110(4) IRPA and no s.110(6) hearing was warranted; the RPD did not breach procedural fairness and its credibility and documentary assessments were reasonable and dispositive.

Court Disposition

Appeal dismissed; RPD determination confirmed that appellant is neither a refugee under s.96 nor a person in need of protection under s.97 IRPA

Orders

  • Confirm RPD decision dated August 20, 2015
  • Dismiss appeal to the RAD dated May 6, 2016