TB5-07030

TB5-07030

The Claimant failed to establish identity or nationality on the balance of probabilities because he did not provide acceptable original identity documents, offered implausible explanations and made no reasonable effort to obtain or produce available originals (including a belatedly disclosed driver's licence), permitting the Panel to draw a negative inference and conclude the claim has no credible basis; accordingly the claim is rejected.

Citation
TB5-07030
Parties
Claimant/asylum Seeker: XXXX XXXX; Respondent/minister: Minister of Citizenship and Immigration (Respondent)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
11 September 2015
Procedural Posture
Refugee Protection Claim / Hearing and Decision (reasons and Decision Issued)
Outcome
Claim rejected; Claimant found neither a Convention refugee nor a person in need of protection; claim found to have no credible basis under s.107(2) IRPA.
Legal Topics
Identity, Credibility, Documentary Evidence, Post‑hearing Evidence, No Credible Basis Under S.107(2)
Source Language
English
Immigration Law Refugee Law Identity Credibility Documentary Evidence Post‑hearing Evidence No Credible Basis Under S.107(2)

Case Brief

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Parties

XXXX XXXX

Claimant/asylum Seeker

Minister of Citizenship and Immigration (Respondent)

Respondent/minister

Procedural Posture

Refugee Protection Claim / Hearing and Decision (reasons and Decision Issued)

Legal Issues

  1. 1 Whether the Claimant has established his identity and nationality
  2. 2 Whether the Claimant took reasonable steps to provide acceptable identity documentation
  3. 3 Whether post‑hearing evidence (driver's licence) should be admitted

Ratio Decidendi

The Claimant failed to establish identity or nationality on the balance of probabilities because he did not provide acceptable original identity documents, offered implausible explanations and made no reasonable effort to obtain or produce available originals (including a belatedly disclosed driver's licence), permitting the Panel to draw a negative inference and conclude the claim has no credible basis; accordingly the claim is rejected.

Court Disposition

Claim rejected; Claimant found neither a Convention refugee nor a person in need of protection; claim found to have no credible basis under s.107(2) IRPA.

Orders

  • Claim rejected
  • Application to admit post‑hearing evidence (driver's licence and Ministry document) denied