TB0-05693

TB0-05693

The claimant produced a police report central to his allegation of extortion; official verification from El Salvador established that no such report exists, proving the document false. The production of false central documentation irreparably undermines the claimant's credibility; on the balance of probabilities the claimant failed to establish a subjective or objective basis for a well‑founded fear of persecution or for risk of torture/cruel treatment. Accordingly the claim is refused and s.107(2) IRPA applies (no credible basis).

Citation
TB0-05693
Parties
Claimant: XXXX XXXX XXXX XXXX; Respondent (minister): Minister of Citizenship and Immigration
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
10 December 2014
Procedural Posture
Refugee Protection Claim Under IRPA / Decision (reasons) Following Hearing
Outcome
Claimant found not to be a Convention refugee and not a person in need of protection; claim refused
Legal Topics
Credibility Assessment, Convention Refugee Determination, Protection Claim, Extortion, Documentary Fraud, Section 107(2) IRPA
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Assessment Convention Refugee Determination Protection Claim Extortion Documentary Fraud +1 more

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Parties

XXXX XXXX XXXX XXXX

Claimant

Minister of Citizenship and Immigration

Respondent (minister)

Procedural Posture

Refugee Protection Claim Under IRPA / Decision (reasons) Following Hearing

Legal Issues

  1. 1 Whether the claimant is a Convention refugee
  2. 2 Whether the claimant is a person in need of protection
  3. 3 Whether the police report and supporting documents are genuine

Ratio Decidendi

The claimant produced a police report central to his allegation of extortion; official verification from El Salvador established that no such report exists, proving the document false. The production of false central documentation irreparably undermines the claimant's credibility; on the balance of probabilities the claimant failed to establish a subjective or objective basis for a well‑founded fear of persecution or for risk of torture/cruel treatment. Accordingly the claim is refused and s.107(2) IRPA applies (no credible basis).

Court Disposition

Claimant found not to be a Convention refugee and not a person in need of protection; claim refused

Orders

  • Refugee protection claim dismissed
  • Findings made pursuant to section 107(2) of the Immigration and Refugee Protection Act: no credible basis for the claim