TB0-04004

TB0-04004

The claimant failed, on the balance of probabilities, to establish his identity as a citizen of China because the submitted identity documents were unreliable or unverifiable (forensic reports inconclusive or showing damage/errors) and documentary evidence indicates prevalent fraud in China; identity being the first step, the panel declined to assess persecution nexus and rejected the claim under ss.96 and 97(1) IRPA.

Citation
TB0-04004
Parties
Claimant: XXXX XXXX XXXX; Designated Representative: XXXX XXXX; Panel Member: Marlene D.M. Hogarth
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
7 November 2012
Procedural Posture
Refugee Protection Claim Under IRPA / Final Decision Following Hearing (refugee Protection Division)
Outcome
Claim rejected; claimant not found to be a Convention refugee or person in need of protection under ss.96 and 97(1) of the Immigration and Refugee Protection Act.
Legal Topics
Identity Verification, Credibility Assessment, Persecution Nexus, Document Forensics, Child Claimant Procedures
Source Language
English
Immigration Law Refugee Law Administrative Law Identity Verification Credibility Assessment Persecution Nexus Document Forensics Child Claimant Procedures

Case Brief

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Parties

XXXX XXXX XXXX

Claimant

XXXX XXXX

Designated Representative

Marlene D.M. Hogarth

Panel Member

Procedural Posture

Refugee Protection Claim Under IRPA / Final Decision Following Hearing (refugee Protection Division)

Legal Issues

  1. 1 Whether the claimant established identity/citizenship of China as required by s.106 IRPA and RPD Rule 7
  2. 2 Whether there is a nexus to persecution on account of perceived religious belief
  3. 3 Whether documentary evidence is authentic and reliable

Ratio Decidendi

The claimant failed, on the balance of probabilities, to establish his identity as a citizen of China because the submitted identity documents were unreliable or unverifiable (forensic reports inconclusive or showing damage/errors) and documentary evidence indicates prevalent fraud in China; identity being the first step, the panel declined to assess persecution nexus and rejected the claim under ss.96 and 97(1) IRPA.

Court Disposition

Claim rejected; claimant not found to be a Convention refugee or person in need of protection under ss.96 and 97(1) of the Immigration and Refugee Protection Act.