TA7-14025

TA7-14025

Because the claimant failed to establish his identity as a national of the People's Republic of China — by providing inconsistent and implausible oral testimony, failing to timely produce promised identity documents, and tendering documents the Panel found likely fraudulent — the Panel properly drew negative credibility inferences under s.106 IRPA and Rule 7 RPD Rules and rejected the refugee protection claim without further merits analysis.

Citation
TA7-14025
Parties
Claimant: XXXXX XXXXX XXXXX; Counsel for the Claimant: Mark Rosenblatt; Panel Chair, Refugee Protection Division: Cynthia L. Summers; Respondent/minister: Minister of Citizenship and Immigration
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
9 June 2010
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Decision (refugee Protection Division)
Outcome
Claim dismissed; claimant found not to be a Convention refugee and not a person in need of protection.
Legal Topics
Identity, Identity Documents, Birth Certificate, Passport, Credibility, Adjournment, Document Forgery, Refugee Determination
Source Language
English
Immigration and Refugee Law Administrative Law Evidence and Documentary Authentication Identity Identity Documents Birth Certificate Passport Credibility +3 more

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Parties

XXXXX XXXXX XXXXX

Claimant

Mark Rosenblatt

Counsel for the Claimant

Cynthia L. Summers

Panel Chair, Refugee Protection Division

Minister of Citizenship and Immigration

Respondent/minister

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Decision (refugee Protection Division)

Legal Issues

  1. 1 Whether the claimant established identity as a national of the People's Republic of China
  2. 2 Whether the identity documents tendered are authentic
  3. 3 Whether the claimant's testimony is credible

Ratio Decidendi

Because the claimant failed to establish his identity as a national of the People's Republic of China — by providing inconsistent and implausible oral testimony, failing to timely produce promised identity documents, and tendering documents the Panel found likely fraudulent — the Panel properly drew negative credibility inferences under s.106 IRPA and Rule 7 RPD Rules and rejected the refugee protection claim without further merits analysis.

Court Disposition

Claim dismissed; claimant found not to be a Convention refugee and not a person in need of protection.

Orders

  • Refugee Protection Division rejects the claimant's claim for refugee protection
  • No further assessment of the merits required given failure to establish identity under s.106 IRPA