AA1-00667

AA1-00667

The panel rejected the claims because the claimants failed to establish their identity and origin and their account was implausible and inconsistent on core matters (clan origin, English proficiency, absence of Kenyan documents, implausible travel and reception in Canada); absent credible proof they do not meet the s.97 IRPA threshold and are not Convention refugees or persons in need of protection.

Citation
AA1-00667
Parties
Claimant: XXXXXXXXXXXXXXXXXX; Claimant: XXXXXXXXXXXXXXXXXXX; Claimant: XXXXXXXXXXXXXXXXXXXX; Refugee Protection Officer: Kerry Murphy; Designated Representative: XXXXXXXXXXXXXXXXXX; Minister's Counsel: N/A; Decision Maker: Gary F. McCauley
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
18 February 2003
Procedural Posture
Refugee Protection Claim / Decision Following Hearing
Outcome
Claims dismissed; claimants are not Convention refugees nor persons in need of protection under section 97 of the Immigration and Refugee Protection Act.
Legal Topics
Credibility, Identity, Asylum Claim, Convention Refugee, Section 97 IRPA, Minors
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Identity Asylum Claim Convention Refugee Section 97 IRPA +1 more

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Parties

XXXXXXXXXXXXXXXXXX

Claimant

XXXXXXXXXXXXXXXXXXX

Claimant

XXXXXXXXXXXXXXXXXXXX

Claimant

Kerry Murphy

Refugee Protection Officer

XXXXXXXXXXXXXXXXXX

Designated Representative

N/A

Minister's Counsel

Gary F. McCauley

Decision Maker

Procedural Posture

Refugee Protection Claim / Decision Following Hearing

Legal Issues

  1. 1 Whether claimants are Somali nationals or of Somali origin
  2. 2 Credibility of identity and factual history (Somalia and Kenya residency)
  3. 3 Absence of documentary evidence to support origin and residence

Ratio Decidendi

The panel rejected the claims because the claimants failed to establish their identity and origin and their account was implausible and inconsistent on core matters (clan origin, English proficiency, absence of Kenyan documents, implausible travel and reception in Canada); absent credible proof they do not meet the s.97 IRPA threshold and are not Convention refugees or persons in need of protection.

Court Disposition

Claims dismissed; claimants are not Convention refugees nor persons in need of protection under section 97 of the Immigration and Refugee Protection Act.