TB9-34555

TB9-34555

The appeal is dismissed because the appellant failed to establish his personal identity on a balance of probabilities: the passport was shown to have been tampered with or issued on potentially fraudulent feeder documents, primary identity documents bore inconsistent dates of birth, and the appellant's explanations...

Source-derived case information.

Citation
TB9-34555
Parties
Appellant: XXXX XXXX XXXX; Respondent: Minister of Public Safety and Emergency Preparedness / Government of Canada
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
16 December 2020
Procedural Posture
Refugee Appeal Under IRPA / Decision on Appeal (reasons Issued)
Outcome
Appeal dismissed and RPD decision confirmed pursuant to paragraph 111(1)(a) of the Immigration and Refugee Protection Act
Legal Topics
Identity Verification, Credibility Assessment, Change of Circumstances, Compelling Reasons Exception, Evidence Assessment
Source Language
en
Immigration Refugee Law Administrative Law Identity Verification Credibility Assessment Change of Circumstances Compelling Reasons Exception Evidence Assessment

Source-derived case record

Summary, issues, holding and outcome

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Parties

XXXX XXXX XXXX

Appellant

Minister of Public Safety and Emergency Preparedness / Government of Canada

Respondent

Procedural Posture

Refugee Appeal Under IRPA / Decision on Appeal (reasons Issued)

  1. 1 Whether the appellant established his personal identity
  2. 2 Whether the RPD erred in adverse credibility findings
  3. 3 Whether a change of circumstances in Ethiopia eliminated the risk of persecution

Ratio Decidendi

The appeal is dismissed because the appellant failed to establish his personal identity on a balance of probabilities: the passport was shown to have been tampered with or issued on potentially fraudulent feeder documents, primary identity documents bore inconsistent dates of birth, and the appellant's explanations and testimony were not credible; therefore the RAD confirmed the RPD's negative decision under paragraph 111(1)(a) IRPA.

Court Disposition

Appeal dismissed and RPD decision confirmed pursuant to paragraph 111(1)(a) of the Immigration and Refugee Protection Act

Orders

  • Appeal dismissed pursuant to paragraph 111(1)(a) of the IRPA; Refugee Protection Division decision confirmed