TA8-06008

TA8-06008

Because key identity documents were inconsistent, lacked originals, contained features at odds with ordinary practice, and the claimant's explanations were not reasonable, the claimant failed to establish identity; under s.106 IRPA and RPD Rule 7 this failure required rejection of the refugee claim.

Citation
TA8-06008
Parties
Claimant: XXXXX XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
10 March 2010
Procedural Posture
Refugee Protection Claim — Convention Refugee Designation / Hearing With Oral Negative Decision; Written Reasons Issued
Outcome
Claim rejected; negative decision for failure to establish identity
Legal Topics
Identity Documents, Genuineness of Documents, Production of Documents, Credibility, Procedural Fairness, Bias
Source Language
English
Immigration Law Refugee Law Administrative Law Evidence Law Identity Documents Genuineness of Documents Production of Documents Credibility +2 more

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Parties

XXXXX XXXXX

Claimant

Procedural Posture

Refugee Protection Claim — Convention Refugee Designation / Hearing With Oral Negative Decision; Written Reasons Issued

Legal Issues

  1. 1 Whether the claimant's identity has been established
  2. 2 Whether the identity documents are genuine
  3. 3 Whether the claimant provided reasonable explanations for documentary inconsistencies

Ratio Decidendi

Because key identity documents were inconsistent, lacked originals, contained features at odds with ordinary practice, and the claimant's explanations were not reasonable, the claimant failed to establish identity; under s.106 IRPA and RPD Rule 7 this failure required rejection of the refugee claim.

Court Disposition

Claim rejected; negative decision for failure to establish identity