TB7-09275

TB7-09275

The panel rejected the refugee claims because the claimants failed to establish identity and nationality on the balance of probabilities due to multiple materially inconsistent and apparently fabricated identity documents and testimony; those deliberate misrepresentations amounted to clear fraud rendering the claims manifestly unfounded under s.107.1 IRPA, and the panel therefore did not find a serious possibility of persecution or risk of torture on return.

Citation
TB7-09275
Parties
Claimant Principal: XXXX XXXX XXXX XXXX XXXX; Claimant Minor: XXXX XXXX XXXX; Claimant Minor: XXXX XXXX XXXX XXXX; Respondent Minister: Minister of Citizenship and Immigration
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
25 September 2017
Procedural Posture
Refugee Protection (irpa) / RPD Hearing and Decision Reasons Issued
Outcome
Claims for refugee protection rejected; claims found manifestly unfounded.
Legal Topics
Identity and Credibility, Manifestly Unfounded Claim, False Documents, Standard of Proof, Risk Assessment (torture/crtp)
Source Language
English
Immigration Law Refugee Law Administrative Law Identity and Credibility Manifestly Unfounded Claim False Documents Standard of Proof Risk Assessment (torture/crtp)

Case Brief

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Parties

XXXX XXXX XXXX XXXX XXXX

Claimant Principal

XXXX XXXX XXXX

Claimant Minor

XXXX XXXX XXXX XXXX

Claimant Minor

Minister of Citizenship and Immigration

Respondent Minister

Procedural Posture

Refugee Protection (irpa) / RPD Hearing and Decision Reasons Issued

Legal Issues

  1. 1 Whether claimants established identity and nationality
  2. 2 Whether claimants credible
  3. 3 Whether documents submitted were genuine

Ratio Decidendi

The panel rejected the refugee claims because the claimants failed to establish identity and nationality on the balance of probabilities due to multiple materially inconsistent and apparently fabricated identity documents and testimony; those deliberate misrepresentations amounted to clear fraud rendering the claims manifestly unfounded under s.107.1 IRPA, and the panel therefore did not find a serious possibility of persecution or risk of torture on return.

Court Disposition

Claims for refugee protection rejected; claims found manifestly unfounded.

Orders

  • Refugee protection claims rejected
  • Claims declared manifestly unfounded pursuant to section 107.1 IRPA