TC1-18109

TC1-18109

The RAD upholds the RPD: the appellant failed to prove her claimed identity on the balance of probabilities because (1) objective country condition evidence shows Somali passports and related documentation are not generally reliable; (2) the appellant gave evolving and implausible explanations about possession and...

Source-derived case information.

Citation
TC1-18109
Parties
Appellant: XXXX XXXX XXXX XXXX; Respondent: Minister of Immigration, Refugees and Citizenship
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
1 April 2022
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Decision on Appeal (final)
Outcome
Appeal dismissed; RPD decision upheld
Legal Topics
Identity Determination, Credibility Assessment, Document Reliability, Gender Guidelines, Country Conditions, Burden of Proof
Source Language
en
Immigration Refugee Law Administrative Law Nationality and Identity Documentation Identity Determination Credibility Assessment Document Reliability Gender Guidelines +2 more

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Parties

XXXX XXXX XXXX XXXX

Appellant

Minister of Immigration, Refugees and Citizenship

Respondent

Procedural Posture

Refugee Appeal (refugee Appeal Division) / Decision on Appeal (final)

  1. 1 Whether the appellant established her claimed identity and Somali nationality on a balance of probabilities
  2. 2 Whether the Somali passport and National ID are reliable evidence of identity given country conditions
  3. 3 Whether the appellant's account of travel to Canada is credible in light of ICES entry records and lack of corroboration

Ratio Decidendi

The RAD upholds the RPD: the appellant failed to prove her claimed identity on the balance of probabilities because (1) objective country condition evidence shows Somali passports and related documentation are not generally reliable; (2) the appellant gave evolving and implausible explanations about possession and contents of an alleged false Danish passport and provided no corroborating travel documentation while ICES showed no entry under the alleged name; and (3) cumulative deficiencies in provenance and witness evidence render the identity documentation and nationality claim insufficient; therefore the appellant is not a Convention refugee or person in need of protection.

Court Disposition

Appeal dismissed; RPD decision upheld

Orders

  • Appeal dismissed
  • Appellant not found to be a Convention refugee or a person in need of protection