TA9-23038

TA9-23038

The claimant failed to establish her identity as a Chinese national because the two primary identity documents (RIC and hukou) were not attributable to her: the RIC photograph materially differed from the claimant and the hukou corresponded to the same RIC data; claimant admitted use of a fraudulent passport and misstated her name at the hearing; on that basis the claimant did not discharge the onus of proof and her refugee protection claim was rejected.

Citation
TA9-23038
Parties
Claimant: XXXX XXXX XXXX; Decision Maker: Rose Andrachuk
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
7 March 2012
Procedural Posture
Refugee Protection Claim (irpa) / Hearing and Decision (refugee Protection Division)
Outcome
Claim rejected; claimant found neither a Convention refugee nor a person in need of protection.
Legal Topics
Identity Verification, Document Authenticity, Credibility Assessment, Burden of Proof, Misrepresentation
Source Language
English
Immigration Refugee Law Administrative Law Evidence Identity Verification Document Authenticity Credibility Assessment Burden of Proof +1 more

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Parties

XXXX XXXX XXXX

Claimant

Rose Andrachuk

Decision Maker

Procedural Posture

Refugee Protection Claim (irpa) / Hearing and Decision (refugee Protection Division)

Legal Issues

  1. 1 Whether the claimant established identity as a national of the People\u2019s Republic of China
  2. 2 Whether documentary evidence (RIC, hukou, PSB summons) was authentic and attributable to the claimant
  3. 3 Whether the claimant met the onus to prove refugee status or need for protection

Ratio Decidendi

The claimant failed to establish her identity as a Chinese national because the two primary identity documents (RIC and hukou) were not attributable to her: the RIC photograph materially differed from the claimant and the hukou corresponded to the same RIC data; claimant admitted use of a fraudulent passport and misstated her name at the hearing; on that basis the claimant did not discharge the onus of proof and her refugee protection claim was rejected.

Court Disposition

Claim rejected; claimant found neither a Convention refugee nor a person in need of protection.

Orders

  • Refugee Protection Division rejects the claim; no protection granted.