TB4-10140

TB4-10140

The RAD confirmed the RPD because the appellant failed to establish identity under s.106 IRPA on the balance of probabilities; the purported new evidence (U.S. immigration papers) did not materially alter the identity assessment or justify a hearing under s.110(6) IRPA; credibility defects, lack of corroboration from a Calgary relative and South African records, and inconsistencies between the appellant and his witness rendered the RPD decision reasonable and dispositive.

Citation
TB4-10140
Parties
Appellant: XXXXXXXXXXXXX; Respondent: Minister (Canada)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
28 January 2015
Procedural Posture
Refugee Appeal / RAD Decision on Appeal (final)
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Identity and Documentation, Credibility Assessment, Admissibility of New Evidence, Appellate Standard of Review, Oral Hearing Request
Source Language
English
Immigration Refugee Law Administrative Law Identity and Documentation Credibility Assessment Admissibility of New Evidence Appellate Standard of Review Oral Hearing Request

Case Brief

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Parties

XXXXXXXXXXXXX

Appellant

Minister (Canada)

Respondent

Procedural Posture

Refugee Appeal / RAD Decision on Appeal (final)

Legal Issues

  1. 1 Whether the appellant established identity under section 106 of IRPA
  2. 2 Whether new evidence meets the test in section 110(4) IRPA and should be admitted
  3. 3 Whether the RAD should hold an oral hearing under section 110(6) IRPA

Ratio Decidendi

The RAD confirmed the RPD because the appellant failed to establish identity under s.106 IRPA on the balance of probabilities; the purported new evidence (U.S. immigration papers) did not materially alter the identity assessment or justify a hearing under s.110(6) IRPA; credibility defects, lack of corroboration from a Calgary relative and South African records, and inconsistencies between the appellant and his witness rendered the RPD decision reasonable and dispositive.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • The decision of the Refugee Protection Division of September 30, 2014 is confirmed
  • The appeal is dismissed