TA6-15556

TA6-15556

The claim was rejected because the claimant's nationality and identity were not established on the evidence: no identity documents or independent proof tied the child to Eritrea or Nigeria, the designated representative failed to make reasonable efforts to obtain such documentation, and language and prior claim history undermined credibility; absent an established country of reference the claimant cannot be found to be a Convention refugee or a person in need of protection.

Citation
TA6-15556
Parties
Claimant (minor): XXXXX XXXXX XXXXX X; Designated Representative / Mother: XXXXX XXXXX XXXXX; Counsel for the Claimant: Paul VanderVennen; Adjudicator / Panel Member: Keith Brennenstuhl
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
29 June 2007
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Final Decision Following Hearing
Outcome
Claim rejected; claimant found neither a Convention refugee nor a person in need of protection
Legal Topics
Nationality, Identity Documents, Designated Representative Duties, Best Interests of the Child, Burden of Proof, Credibility and Negative Inference
Source Language
English
Immigration Law Refugee Law Nationality and Identity Nationality Identity Documents Designated Representative Duties Best Interests of the Child Burden of Proof +1 more

Case Brief

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Parties

XXXXX XXXXX XXXXX X

Claimant (minor)

XXXXX XXXXX XXXXX

Designated Representative / Mother

Paul VanderVennen

Counsel for the Claimant

Keith Brennenstuhl

Adjudicator / Panel Member

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Final Decision Following Hearing

Legal Issues

  1. 1 Whether the claimant is a Convention refugee or a person in need of protection
  2. 2 Whether the claimant's identity and nationality (Eritrean or Nigerian) have been established
  3. 3 Whether the designated representative took reasonable steps to obtain identity documentation

Ratio Decidendi

The claim was rejected because the claimant's nationality and identity were not established on the evidence: no identity documents or independent proof tied the child to Eritrea or Nigeria, the designated representative failed to make reasonable efforts to obtain such documentation, and language and prior claim history undermined credibility; absent an established country of reference the claimant cannot be found to be a Convention refugee or a person in need of protection.

Court Disposition

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

Orders

  • Refugee protection claim is rejected for failure to establish the claimant's nationality and identity