TB2-09538

TB2-09538

The panel accepted persuasive biometric and documentary evidence showing the claimants were South Korean citizens, found the principal claimant deliberately misrepresented identity and travel history and failed to provide corroborating documents under RPD Rule 11, concluded his credibility was so compromised that no credible basis for the claimed fear of persecution existed, and held that even if his account were true the mistreatment alleged in South Korea did not meet the legal threshold for persecution and state protection was available; therefore the claims were rejected and declared manifestly unfounded under s.107 IRPA.

Citation
TB2-09538
Parties
Principal Claimant: XXXX XXXX (aka XXXX XXXX); Minor Claimant (daughter): XXXX XXXX; Designated Representative: XXXX XXXX; Respondent / Intervener: Minister of Citizenship and Immigration
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
27 May 2015
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Refugee Protection Division Hearing and Decision (oral Hearing April 28, 2015; Decision May 27, 2015)
Outcome
Refugee Protection Division rejects the refugee protection claims; claimants are not Convention refugees or persons in need of protection; claims declared manifestly unfounded under section 107(1) IRPA
Legal Topics
Identity and Nationality, Biometric Evidence, Credibility Assessment, Misrepresentation and Fraud, State Protection, Manifestly Unfounded Claims
Source Language
English
Immigration Law Refugee Law Administrative Law Evidentiary Law Identity and Nationality Biometric Evidence Credibility Assessment Misrepresentation and Fraud +2 more

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Parties

XXXX XXXX (aka XXXX XXXX)

Principal Claimant

XXXX XXXX

Minor Claimant (daughter)

XXXX XXXX

Designated Representative

Minister of Citizenship and Immigration

Respondent / Intervener

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Refugee Protection Division Hearing and Decision (oral Hearing April 28, 2015; Decision May 27, 2015)

Legal Issues

  1. 1 Whether the claimants are citizens of North Korea or South Korea (identity)
  2. 2 Whether the principal claimant deliberately misrepresented material facts to immigration authorities
  3. 3 Whether the claimants are credible and have provided corroborating documentation as required by RPD Rule 11

Ratio Decidendi

The panel accepted persuasive biometric and documentary evidence showing the claimants were South Korean citizens, found the principal claimant deliberately misrepresented identity and travel history and failed to provide corroborating documents under RPD Rule 11, concluded his credibility was so compromised that no credible basis for the claimed fear of persecution existed, and held that even if his account were true the mistreatment alleged in South Korea did not meet the legal threshold for persecution and state protection was available; therefore the claims were rejected and declared manifestly unfounded under s.107 IRPA.

Court Disposition

Refugee Protection Division rejects the refugee protection claims; claimants are not Convention refugees or persons in need of protection; claims declared manifestly unfounded under section 107(1) IRPA

Orders

  • Refugee Protection Division decision: claims rejected (May 27, 2015)
  • Findings: claimants are citizens of South Korea; principal claimant committed egregious misrepresentation; claims manifestly unfounded under s.107(1) and no credible basis under s.107(2) IRPA