TB1-19295

TB1-19295

On the balance of probabilities the panel finds pervasive and material credibility defects (inconsistent testimony, implausible escape narrative, failure to demonstrate lived experience in North Korea, and lack of identity documentation) such that the claimants failed to prove they are North Korean nationals or that their asserted escape to China and entry to Canada occurred; therefore the refugee claim is rejected.

Citation
TB1-19295
Parties
Claimant: XXXX XXXX XXXX XXXX; Claimant: XXXX XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
14 January 2013
Procedural Posture
Refugee Protection Claim (irpa Ss.96 & 97(1)) / Decision Following Merits Hearing Before the Refugee Protection Division
Outcome
Claim dismissed; refugee protection claim rejected
Legal Topics
Credibility Assessment, Identity Documentation, Escape and Unlawful Exit, Burden and Standard of Proof
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Assessment Identity Documentation Escape and Unlawful Exit Burden and Standard of Proof

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Parties

XXXX XXXX XXXX XXXX

Claimant

XXXX XXXX XXXX

Claimant

Procedural Posture

Refugee Protection Claim (irpa Ss.96 & 97(1)) / Decision Following Merits Hearing Before the Refugee Protection Division

Legal Issues

  1. 1 Whether the claimants are nationals of North Korea
  2. 2 Whether the claimants credibly escaped to China and traveled to Canada as alleged
  3. 3 Whether the claimants provided acceptable identity documents as required by IRPA s.106

Ratio Decidendi

On the balance of probabilities the panel finds pervasive and material credibility defects (inconsistent testimony, implausible escape narrative, failure to demonstrate lived experience in North Korea, and lack of identity documentation) such that the claimants failed to prove they are North Korean nationals or that their asserted escape to China and entry to Canada occurred; therefore the refugee claim is rejected.

Court Disposition

Claim dismissed; refugee protection claim rejected