TA5-01188

TA5-01188

Because the claimants failed to provide acceptable and credible identity documentation (Hukou deemed unreliable and inconsistent, RICs and other civil and travel documents not produced) and gave implausible explanations, the panel properly drew adverse inferences under controlling authorities and concluded the claimants did not meet their burden to establish identity or country of reference; therefore their refugee and protection claims were rejected without need to assess the merits of persecution or torture claims.

Citation
TA5-01188
Parties
Claimant: XXXXX XXXXX XXXXX; Claimant (spouse): XXXXX XXXXX XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
23 May 2006
Procedural Posture
Refugee Protection Claim (refugee Protection Division) / Hearing and Decision by Refugee Protection Division (hearing 29 March 2006; Decision 23 May 2006)
Outcome
Claims rejected. Claimants found neither Convention refugees nor persons in need of protection.
Legal Topics
Identity Documents, Hukou, Passports and Travel Documents, Burden of Proof, Negative Inference, Convention Refugee, Convention Against Torture, Person in Need of Protection
Source Language
English
Immigration Refugee Protection Document Authenticity Evidence and Credibility International Human Rights Law Identity Documents Hukou Passports and Travel Documents +5 more

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Parties

XXXXX XXXXX XXXXX

Claimant

XXXXX XXXXX XXXXX

Claimant (spouse)

Procedural Posture

Refugee Protection Claim (refugee Protection Division) / Hearing and Decision by Refugee Protection Division (hearing 29 March 2006; Decision 23 May 2006)

Legal Issues

  1. 1 Whether the claimants established their identity and country of reference
  2. 2 Whether identity documents (Hukou, RICs, passports) are authentic and acceptable
  3. 3 Whether adverse inferences can be drawn from failure to produce corroborative travel and civil documents

Ratio Decidendi

Because the claimants failed to provide acceptable and credible identity documentation (Hukou deemed unreliable and inconsistent, RICs and other civil and travel documents not produced) and gave implausible explanations, the panel properly drew adverse inferences under controlling authorities and concluded the claimants did not meet their burden to establish identity or country of reference; therefore their refugee and protection claims were rejected without need to assess the merits of persecution or torture claims.

Court Disposition

Claims rejected. Claimants found neither Convention refugees nor persons in need of protection.