MC0-08954

MC0-08954

The appeal is dismissed because the presumption of validity for the appellant's foreign identity documents fell away given inconsistencies and lack of provenance; the appellant failed to prove the authenticity and probative value of competing documents in different names, and he therefore failed to establish...

Source-derived case information.

Citation
MC0-08954
Parties
Appellant: XXXX XXXX XXXX; Panel: Derek Vermette; Respondent: Canada (Minister)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
29 June 2021
Procedural Posture
Refugee Protection Appeal / Final Decision on Appeal (refugee Appeal Division)
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Identity Document Authenticity, Credibility Assessment, New Evidence and Oral Hearing, Standard of Proof for Identity
Source Language
english
Immigration Law Refugee Law Administrative Law Identity Document Authenticity Credibility Assessment New Evidence and Oral Hearing Standard of Proof for Identity

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Parties

XXXX XXXX XXXX

Appellant

Derek Vermette

Panel

Canada (Minister)

Respondent

Procedural Posture

Refugee Protection Appeal / Final Decision on Appeal (refugee Appeal Division)

Legal Issues

  1. 1 Whether the appellant established identity as required by section 106 IRPA and Rule 11 RPD Rules
  2. 2 Whether the presumption of validity for foreign public documents applies or has fallen away
  3. 3 Whether the contested documents (baptismal certificate, NIN slip, voter card, certificate of origin) have sufficient probative value

Ratio Decidendi

The appeal is dismissed because the presumption of validity for the appellant's foreign identity documents fell away given inconsistencies and lack of provenance; the appellant failed to prove the authenticity and probative value of competing documents in different names, and he therefore failed to establish identity as required by section 106 IRPA and Rule 11, justifying confirmation of the RPD decision.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed
  • Refugee Protection Division decision confirmed