TB7-12419

TB7-12419

Claimant failed to establish identity and nationality on the balance of probabilities because of contradictory travel histories, biometric evidence linking him to another identity, demonstrably deficient security features on the provided driver's licence and probative defects in the birth certificate; therefore the panel placed no weight on those documents, found the claimant not credible, and rejected the refugee claim.

Citation
TB7-12419
Parties
Claimant: XXXX XXXX XXXX; Minister: Minister of Citizenship and Immigration (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
24 August 2018
Procedural Posture
Refugee Protection Claim (irpa Ss.96 97) / Final Decision After Hearing (oral and Written Submissions)
Outcome
Claim rejected; claimant not a Convention refugee or person in need of protection
Legal Topics
Identity, Credibility, Document Fraud, Biometric Evidence, Ministerial Intervention, Convention Refugee Determination
Source Language
English
Immigration Law Refugee Law Administrative Law Evidence Identity Credibility Document Fraud Biometric Evidence +2 more

Case Brief

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Parties

XXXX XXXX XXXX

Claimant

Minister of Citizenship and Immigration (Canada)

Minister

Procedural Posture

Refugee Protection Claim (irpa Ss.96 97) / Final Decision After Hearing (oral and Written Submissions)

Legal Issues

  1. 1 Whether claimant established personal identity and Ghanaian nationality on balance of probabilities
  2. 2 Whether claimant's testimony and documents are credible and trustworthy
  3. 3 Whether documents (driver's licence and birth certificate) are genuine or fraudulently obtained

Ratio Decidendi

Claimant failed to establish identity and nationality on the balance of probabilities because of contradictory travel histories, biometric evidence linking him to another identity, demonstrably deficient security features on the provided driver's licence and probative defects in the birth certificate; therefore the panel placed no weight on those documents, found the claimant not credible, and rejected the refugee claim.

Court Disposition

Claim rejected; claimant not a Convention refugee or person in need of protection

Orders

  • Claim rejected; claimant is not a Convention refugee or a person in need of protection
  • Claim has no credible basis pursuant to subsection 107(2) of the Immigration and Refugee Protection Act