MB6-02791

MB6-02791

The panel rejected the claim because objective evidence (Facebook messages, text messages, staged photographs and fabricated documents) established that the claimant knowingly manufactured his account and evidence, undermining credibility; consequently he failed to show a serious possibility of persecution or that he is a person in need of protection and the claim is manifestly unfounded under s.107(1) IRPA.

Citation
MB6-02791
Parties
Claimant: XXXX XXXX; Minister (respondent): Minister of Citizenship and Immigration
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
17 August 2016
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision With Reasons (refusal)
Outcome
Claim rejected; not a Convention refugee and not a person in need of protection; claim declared manifestly unfounded under s.107(1) IRPA.
Legal Topics
Manifestly Unfounded Claim, Credibility Assessment, Document Fabrication, Convention Refugee Determination, Person in Need of Protection
Source Language
English
Immigration Law Refugee Law Administrative Law Manifestly Unfounded Claim Credibility Assessment Document Fabrication Convention Refugee Determination Person in Need of Protection

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Parties

XXXX XXXX

Claimant

Minister of Citizenship and Immigration

Minister (respondent)

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision With Reasons (refusal)

Legal Issues

  1. 1 Whether the claimant is a Convention refugee
  2. 2 Whether the claimant is a person in need of protection
  3. 3 Whether the claim is manifestly unfounded under s.107(1) IRPA

Ratio Decidendi

The panel rejected the claim because objective evidence (Facebook messages, text messages, staged photographs and fabricated documents) established that the claimant knowingly manufactured his account and evidence, undermining credibility; consequently he failed to show a serious possibility of persecution or that he is a person in need of protection and the claim is manifestly unfounded under s.107(1) IRPA.

Court Disposition

Claim rejected; not a Convention refugee and not a person in need of protection; claim declared manifestly unfounded under s.107(1) IRPA.

Orders

  • Refugee protection claim rejected; claim declared manifestly unfounded pursuant to subsection 107(1) of the IRPA.