Federal Court


Board procedurally unfair in not alerting applicant to photographic inconsistencies

Applicant was denied refugee status. Board could not determine applicant’s personal identity. Board was concerned that photograph contained in applicant’s RIC did not depict applicant. Board found authenticity of documents questionable. Board found applicant failed to produce sufficient credible documents and evidence to establish applicant’s identity as national of China and did not satisfactorily explain why they were not provided. Board found applicant knowingly submitted false documents and was not credible. Application for judicial review was allowed. Decision was procedurally unfair. Board was procedurally unfair in not alerting applicant prior to hearing applicant’s photographic inconsistencies would be issue with respect to confirming applicant’s identity. Board failed to disclose prior to hearing that blown-up copies of applicant’s photographs would be put to applicant to question applicant’s identity. Board did not err in failing to analyze applicant’s nationality independent of identity finding.

Xiang v. Canada (Minister of Citizenship and Immigration) (Mar. 8, 2013, F.C., Michael D. Manson J., File No. IMM-5710-12) 226 A.C.W.S. (3d) 1134.

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