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The Federal Court granted judicial review of a RAD decision, finding it unreasonably discounted a highly probative affidavit from the applicant’s mother on identity.
The appeal is allowed and the RPD decision is set aside because the Tribunal cannot accurately assess the safety of the proposed IFAs or the appellant's forward‑facing credibility on the existing record; no new evidence is admissible on appeal and therefore an oral hearing is not permitted under s.110(6) IRPA, so the matter must be remitted to the RPD for redetermination with directions.
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The RPD reasonably concluded the appellants failed to establish their identity on a balance of probabilities because (1) Angolan passports presented different identities and were found to have been fraudulently obtained; (2) DRC passports were issued on the basis of documents that contained anomalies and did not satisfy documentary requirements for embassy-issued passports per the National Documentation Package; and (3) these document issues and inconsistencies undermined credibility to the extent that identity could not be established, obviating the need to decide the risk claims under secti…
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On a balance of probabilities the claimant is a person in need of protection under s.97(1)(b) IRPA because he credibly showed a personalized risk to his life and risk of cruel and unusual treatment from a politically connected family acting with the Punjabi police, the state is unable or unwilling to protect him (presumption rebutted), and no viable internal flight alternative exists in India.
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Although the RPD made errors in evaluating the Minister's submissions, addressed an issue previously decided by another member, and made inappropriate comments about the Minister's representative, those errors did not create a reasonable apprehension of bias affecting the Respondent's right to a fair hearing; an independent review of the record confirms the Respondent's credibility and that she is a Convention refugee on the basis of her sexual orientation, therefore the appeal is dismissed and the RPD decision is confirmed.
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RAD admitted some new evidence (telefilm video, retranslated article, psychotherapy report) but concluded the evidence did not, on balance, establish that the telefilm was aired or that the 2018 assassination attempt occurred; credibility findings of the RPD were sustainable (social media activity, inconsistencies, lack of corroboration), counsel incompetence was not proven, and the appeal was dismissed confirming RPD decision under IRPA paragraph 111(1)(a).
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The RAD independently assessed the record and concluded the RPD did not err: the RPD provided requested accommodations and there was no procedural fairness breach, the cumulative inconsistencies and contradictions (amplified by the Minister's contradictory documentary evidence) sufficiently undermined the Appellant's credibility, and consequently the Appellant failed to establish refugee protection or a s.97 claim; appeal dismissed.
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The Appellant failed to prove his personal identity and Somali nationality on the balance of probabilities because he produced no primary identification, presented inconsistent and limited testimony, offered corroborative documents and witness evidence of insufficient reliability and withheld a primary identity document (Kenyan driving licence) revealed by the Minister; therefore the RPD's adverse credibility and identity findings were correct and are confirmed.
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The RAD applied the correctness standard and concluded the RPD did not err: the accumulation of contradictions, omissions and implausibilities in the appellant's testimony and forms (including undisclosed Congolese identity and inconsistencies about addresses, witnesses and timing) legitimately undermined credibility and justified the RPD's rejection of the refugee claim under ss.96–97 IRPA.
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The appeal is dismissed because, on balance, the Appellant has a viable internal flight alternative in Lagos: the evidence is insufficient to prove she lacks ties to Ghana or that the Nigerian police have the interest or capacity to locate and persecute her in Lagos; the passage of time and limited subsequent incidents reduce the forward-looking risk, and relocation to Lagos would not be unreasonable in her circumstances.
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