TA9-19659

TA9-19659

The claims were dismissed because the claimants failed to provide sufficient, credible, and verifiable evidence of their identities and nationalities (Vietnamese citizenship and minor's alleged Taiwanese birth); documentary inconsistencies, lack of originals, unsuccessful state record checks, and testimonial contradictions fatally undermined credibility, and therefore under subsection 107(2) IRPA there was no credible basis for the claims and no need to assess risk further.

Citation
TA9-19659
Parties
Principal Claimant / Asylum Claimant: XXXX XXXX XXXX; Minor Claimant / Dependent: XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
21 September 2012
Procedural Posture
Refugee Protection Claim (immigration and Refugee Protection Act) / Final Decision of the Refugee Protection Division (reasons and Decision)
Outcome
Claims rejected; claimants are not Convention refugees and are not persons in need of protection; no credible basis found under subsection 107(2) IRPA.
Legal Topics
Identity and Nationality Verification, Credibility Assessment, Documentary Evidence Authenticity, State Record Inquiries (siru), Convention Refugee Determination, No Credible Basis Under Subsection 107(2) IRPA
Source Language
English
Immigration Refugee Law Administrative Law Evidence Identity and Nationality Verification Credibility Assessment Documentary Evidence Authenticity State Record Inquiries (siru) +2 more

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Parties

XXXX XXXX XXXX

Principal Claimant / Asylum Claimant

XXXX XXXX

Minor Claimant / Dependent

Procedural Posture

Refugee Protection Claim (immigration and Refugee Protection Act) / Final Decision of the Refugee Protection Division (reasons and Decision)

Legal Issues

  1. 1 Whether claimants are citizens of Vietnam
  2. 2 Whether minor was born in Taiwan and whether claimants lived in Taiwan
  3. 3 Weight and authenticity of identity documents (faxed, old, lacking security features)

Ratio Decidendi

The claims were dismissed because the claimants failed to provide sufficient, credible, and verifiable evidence of their identities and nationalities (Vietnamese citizenship and minor's alleged Taiwanese birth); documentary inconsistencies, lack of originals, unsuccessful state record checks, and testimonial contradictions fatally undermined credibility, and therefore under subsection 107(2) IRPA there was no credible basis for the claims and no need to assess risk further.

Court Disposition

Claims rejected; claimants are not Convention refugees and are not persons in need of protection; no credible basis found under subsection 107(2) IRPA.

Orders

  • Claims dismissed and rejected by the Refugee Protection Division
  • No further risk assessment carried out because identity and nationality were not established