TB4-05730

TB4-05730

The RAD confirmed the RPD's finding that the appellant did not establish her personal identity on the balance of probabilities because witness testimony contained numerous inconsistencies, credibility concerns remained despite admission of new evidence, and the new evidence was not determinative or reliable; therefore the refugee claim must be denied and the RPD decision is confirmed under s.111(1)(a) IRPA.

Citation
TB4-05730
Parties
Appellant: XXXXXXXXXX (a.k.a. XXXXXXXXX); Intervener: Minister of Public Safety
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
27 January 2015
Procedural Posture
Refugee Protection Appeal Under IRPA / Appeal to Refugee Appeal Division (rad) Decision Confirming RPD and Dismissing Appeal
Outcome
Appeal dismissed; RPD decision confirmed that the appellant is neither a Convention refugee nor a person in need of protection
Legal Topics
Identity, Credibility, Admissibility of New Evidence, Standard of Review, Refugee Protection Determination
Source Language
English
Immigration Refugee Law Administrative Law Identity Credibility Admissibility of New Evidence Standard of Review Refugee Protection Determination

Case Brief

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Parties

XXXXXXXXXX (a.k.a. XXXXXXXXX)

Appellant

Minister of Public Safety

Intervener

Procedural Posture

Refugee Protection Appeal Under IRPA / Appeal to Refugee Appeal Division (rad) Decision Confirming RPD and Dismissing Appeal

Legal Issues

  1. 1 Whether the appellant established her personal identity on a balance of probabilities
  2. 2 Whether the RAD should admit and rely on new evidence under s.110(4) and s.110(6) IRPA
  3. 3 Assessment of credibility of appellant and identity witness

Ratio Decidendi

The RAD confirmed the RPD's finding that the appellant did not establish her personal identity on the balance of probabilities because witness testimony contained numerous inconsistencies, credibility concerns remained despite admission of new evidence, and the new evidence was not determinative or reliable; therefore the refugee claim must be denied and the RPD decision is confirmed under s.111(1)(a) IRPA.

Court Disposition

Appeal dismissed; RPD decision confirmed that the appellant is neither a Convention refugee nor a person in need of protection

Orders

  • Appeal dismissed pursuant to section 111(1)(a) of the Immigration and Refugee Protection Act
  • RPD decision of June 2, 2014 confirming denial of refugee protection is upheld and no referral ordered