TB1-06190

TB1-06190

The claimant failed to establish her identity and nationality on a balance of probabilities and did not produce or take reasonable steps to obtain identity documentation required by Rule 7; because identity could not be proven and the claimant twice travelled on false passports, the panel could not be satisfied a serious possibility of persecution or personalized risk existed and therefore rejected the claim.

Citation
TB1-06190
Parties
Claimant: XXXXXXXXXXXX; Decision Maker (refugee Protection Division): Michael S. McCaffrey
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
16 January 2012
Procedural Posture
Refugee Protection Claim (irpa Ss.96,97(1)) / Hearing and Decision (hearing January 13, 2012; Decision January 16, 2012)
Outcome
Claim rejected; claimant found neither a Convention refugee nor a person in need of protection.
Legal Topics
Identity, Burden of Proof, Documentation Obligations, Credibility Assessment, Convention Refugee Status, Person in Need of Protection, Non Refoulement Assessment
Source Language
English
Immigration Refugee Law Administrative Law Identity Burden of Proof Documentation Obligations Credibility Assessment Convention Refugee Status +2 more

Case Brief

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Parties

XXXXXXXXXXXX

Claimant

Michael S. McCaffrey

Decision Maker (refugee Protection Division)

Procedural Posture

Refugee Protection Claim (irpa Ss.96,97(1)) / Hearing and Decision (hearing January 13, 2012; Decision January 16, 2012)

Legal Issues

  1. 1 Whether claimant established identity and nationality on a balance of probabilities
  2. 2 Whether claimant complied with Rule 7 documentation obligations and took reasonable steps to obtain identity evidence
  3. 3 Whether, absent proven identity, a serious possibility of persecution or risk of torture/personalized risk exists

Ratio Decidendi

The claimant failed to establish her identity and nationality on a balance of probabilities and did not produce or take reasonable steps to obtain identity documentation required by Rule 7; because identity could not be proven and the claimant twice travelled on false passports, the panel could not be satisfied a serious possibility of persecution or personalized risk existed and therefore rejected the claim.

Court Disposition

Claim rejected; claimant found neither a Convention refugee nor a person in need of protection.

Orders

  • Claim dismissed; no refugee protection or other protection granted.