TB6-00266

TB6-00266

Because the claimant failed, on a balance of probabilities, to produce sufficient credible evidence to establish his personal identity and Somali nationality as required by s.106 IRPA and RPD Rule 11 — including failure to produce reliable identity documentation or a credible identity witness, and contrary US immigration records — the panel dismissed the claim without assessing the merits of persecution or protection.

Citation
TB6-00266
Parties
Claimant (asylum Applicant): XXXX XXXX XXXX; Respondent (minister): Minister of Citizenship and Immigration (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
19 May 2016
Procedural Posture
Refugee Protection Claim (convention Refugee / Person in Need of Protection) / Final Hearing and Decision (reasons and Decision Issued)
Outcome
Claim dismissed: claimant is not a Convention refugee and not a person in need of protection.
Legal Topics
Identity and Nationality, Credibility and Corroboration, Convention Refugee Status, Person in Need of Protection, Biometric Checks / AIF
Source Language
English
Immigration Law Refugee Law Administrative Law Identity and Nationality Credibility and Corroboration Convention Refugee Status Person in Need of Protection Biometric Checks / AIF

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Parties

XXXX XXXX XXXX

Claimant (asylum Applicant)

Minister of Citizenship and Immigration (Canada)

Respondent (minister)

Procedural Posture

Refugee Protection Claim (convention Refugee / Person in Need of Protection) / Final Hearing and Decision (reasons and Decision Issued)

Legal Issues

  1. 1 Whether the claimant established personal identity and Somali nationality
  2. 2 Whether the claimant is a Convention refugee or a person in need of protection
  3. 3 Whether documentary and witness evidence was sufficient and credible

Ratio Decidendi

Because the claimant failed, on a balance of probabilities, to produce sufficient credible evidence to establish his personal identity and Somali nationality as required by s.106 IRPA and RPD Rule 11 — including failure to produce reliable identity documentation or a credible identity witness, and contrary US immigration records — the panel dismissed the claim without assessing the merits of persecution or protection.

Court Disposition

Claim dismissed: claimant is not a Convention refugee and not a person in need of protection.

Orders

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