VB6-02729

VB6-02729

The panel found the claimant's identity was not established due to multiple inconsistencies and evidence of fraudulence in identity documents, the claimant was not a credible witness based on inconsistent testimony, demeanor, and documented misrepresentations to CBSA; on that basis there was no serious possibility of persecution nor risk of torture or cruel and unusual treatment on return, and the claim was therefore rejected as having no credible basis under s.107(2) IRPA.

Citation
VB6-02729
Parties
Claimant: XXXX XXXX XXXX; Respondent: Canada (intervenor/CBSA)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
13 December 2016
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Refugee Protection Division Decision With Reasons (final Hearing)
Outcome
Claim rejected; claimant is not a Convention refugee and not a person in need of protection; claim found to have no credible basis under s.107(2) IRPA.
Legal Topics
Convention Refugee Determination, Credibility, Identity Documents and Authenticity, No Credible Basis (s.107(2) Irpa), State Protection and Internal Flight Alternative
Source Language
English
Immigration Law Refugee Law Administrative Law Convention Refugee Determination Credibility Identity Documents and Authenticity No Credible Basis (s.107(2) Irpa) State Protection and Internal Flight Alternative

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 5 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

XXXX XXXX XXXX

Claimant

Canada (intervenor/CBSA)

Respondent

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Refugee Protection Division Decision With Reasons (final Hearing)

Legal Issues

  1. 1 Whether the claimant's personal and national identity was established
  2. 2 Whether the claimant was a credible witness
  3. 3 Whether the claimant had a well-founded fear of persecution on a Convention ground

Ratio Decidendi

The panel found the claimant's identity was not established due to multiple inconsistencies and evidence of fraudulence in identity documents, the claimant was not a credible witness based on inconsistent testimony, demeanor, and documented misrepresentations to CBSA; on that basis there was no serious possibility of persecution nor risk of torture or cruel and unusual treatment on return, and the claim was therefore rejected as having no credible basis under s.107(2) IRPA.

Court Disposition

Claim rejected; claimant is not a Convention refugee and not a person in need of protection; claim found to have no credible basis under s.107(2) IRPA.

Orders

  • Claim dismissed; refugee protection claim refused