TA3-09917

TA3-09917

The claimants engaged in a considered scheme to procure and rely on fraudulent documents integral to their claims (as demonstrated by Exhibit M-1 and related disclosures); this conduct fatally undermined their credibility and, absent credible and trustworthy evidence of persecution, the claims must be rejected. The suppression application was untimely and procedurally defective and would have constituted an abuse of process to entertain given counsel's failures.

Citation
TA3-09917
Parties
Claimant (male): XXXXX XXXXX XXXXX; Claimant (female): XXXXX XXXXX XXXXX; Refugee Protection Officer: Donald Cooper; Minister's Counsel: B. Roberts; Counsel for Claimants: Roger Rodrigues; Rocco Galati; Adjudicator: Margaret Leighton
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
20 May 2006
Procedural Posture
Refugee Protection Claim (refugee Protection Division, Irpa) / Final Hearing and Decision on Merits After Multiple Adjournments and Procedural Applications
Outcome
Claims for refugee protection rejected; suppression application not heard/suppressed; claims dismissed on credibility and merits
Legal Topics
Credibility Assessment, Document Fabrication, Disclosure and Privilege, Joinder/disjoinder of Claims, Adjournment/postponement, Notice of Constitutional Question, Rules Compliance and Abuse of Process
Source Language
English
Immigration Law Refugee Law Administrative Law Evidence Law Constitutional Procedure Credibility Assessment Document Fabrication Disclosure and Privilege +4 more

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Parties

XXXXX XXXXX XXXXX

Claimant (male)

XXXXX XXXXX XXXXX

Claimant (female)

Donald Cooper

Refugee Protection Officer

B. Roberts

Minister's Counsel

Roger Rodrigues; Rocco Galati

Counsel for Claimants

Margaret Leighton

Adjudicator

Procedural Posture

Refugee Protection Claim (refugee Protection Division, Irpa) / Final Hearing and Decision on Merits After Multiple Adjournments and Procedural Applications

Legal Issues

  1. 1 Whether the claimants have a well-founded fear of persecution on account of political opinion (s.97(1) IRPA)
  2. 2 Whether the claimants' credibility is so undermined by fabricated documents that their claims must be rejected
  3. 3 Whether the seized and disclosed documents should be suppressed or are protected by privilege

Ratio Decidendi

The claimants engaged in a considered scheme to procure and rely on fraudulent documents integral to their claims (as demonstrated by Exhibit M-1 and related disclosures); this conduct fatally undermined their credibility and, absent credible and trustworthy evidence of persecution, the claims must be rejected. The suppression application was untimely and procedurally defective and would have constituted an abuse of process to entertain given counsel's failures.

Court Disposition

Claims for refugee protection rejected; suppression application not heard/suppressed; claims dismissed on credibility and merits

Orders

  • Claims for refugee protection are rejected
  • Application to suppress Minister's disclosed documents was refused/dismissed as untimely and procedurally defective and was not heard on the merits