TB6-12624

TB6-12624

The panel preferred and accorded significant weight to authentic Gabonese passports and corroborating biometrics, found the DRC documents (electoral card, birth and attestation documents) unreliable or of doubtful authenticity, and concluded the claimants failed to prove on a balance of probabilities that they are currently citizens of the DRC; absent established DRC nationality the core refugee claim based on risk in DRC fails and the claims are rejected.

Citation
TB6-12624
Parties
Principal Claimant: XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX; Minor Claimant: XXXX XXXX XXXX XXXX; Designated Representative: XXXX XXXX XXXX XXXX; Respondent Minister: Minister of Immigration
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
20 December 2016
Procedural Posture
Refugee Protection Claim Under Immigration and Refugee Protection Act (irpa) / Decision After Hearing (reasons for Decision)
Outcome
Refugee protection claims rejected
Legal Topics
Identity, Credibility, Nationality, Document Authenticity, Burden of Proof
Source Language
English
Immigration Law Refugee Law Administrative Law Citizenship Law Identity Credibility Nationality Document Authenticity +1 more

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Parties

XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX

Principal Claimant

XXXX XXXX XXXX XXXX

Minor Claimant

XXXX XXXX XXXX XXXX

Designated Representative

Minister of Immigration

Respondent Minister

Procedural Posture

Refugee Protection Claim Under Immigration and Refugee Protection Act (irpa) / Decision After Hearing (reasons for Decision)

Legal Issues

  1. 1 Whether the claimants are nationals/citizens of the Democratic Republic of the Congo (identity/nationality)
  2. 2 Credibility of the principal claimant's testimony and documentary evidence
  3. 3 Authenticity and probative value of identity documents (Gabonese passports, DRC electoral card, birth certificates)

Ratio Decidendi

The panel preferred and accorded significant weight to authentic Gabonese passports and corroborating biometrics, found the DRC documents (electoral card, birth and attestation documents) unreliable or of doubtful authenticity, and concluded the claimants failed to prove on a balance of probabilities that they are currently citizens of the DRC; absent established DRC nationality the core refugee claim based on risk in DRC fails and the claims are rejected.

Court Disposition

Refugee protection claims rejected

Orders

  • The claimants' refugee protection claims are rejected