TB6-09531

TB6-09531

Because material and unexplained inconsistencies in identity documents for the two male minor claimants and pervasive credibility deficits in the principal claimant's testimony and supporting documentation were found, the panel concluded the claimants failed to meet the onus of proof and thus are neither Convention refugees nor persons in need of protection under ss.96 and 97(1) IRPA.

Citation
TB6-09531
Parties
Principal Claimant: Principal claimant (name redacted); Minor Claimants: Minor claimants (names redacted); Respondent / Intervenor: Minister of Immigration, Refugees and Citizenship Canada
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
24 July 2019
Procedural Posture
Refugee Claim (refugee Protection Division) / Decision on Merits (reasons Issued)
Outcome
Claims rejected; claimants found neither Convention refugees nor persons in need of protection under ss.96 and 97(1) IRPA
Legal Topics
Identity, Credibility Assessment, Misrepresentation, Safe Third Country Agreement Exception, Section 96 and Section 97(1) IRPA
Source Language
English
Immigration Law Refugee Law Administrative Law Identity Credibility Assessment Misrepresentation Safe Third Country Agreement Exception Section 96 and Section 97(1) IRPA

Case Brief

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Parties

Principal claimant (name redacted)

Principal Claimant

Minor claimants (names redacted)

Minor Claimants

Minister of Immigration, Refugees and Citizenship Canada

Respondent / Intervenor

Procedural Posture

Refugee Claim (refugee Protection Division) / Decision on Merits (reasons Issued)

Legal Issues

  1. 1 Whether the identities of the two male minor claimants were established
  2. 2 Whether the principal claimant's evidence was credible
  3. 3 Whether the claimants face a risk of persecution or state harm in Pakistan

Ratio Decidendi

Because material and unexplained inconsistencies in identity documents for the two male minor claimants and pervasive credibility deficits in the principal claimant's testimony and supporting documentation were found, the panel concluded the claimants failed to meet the onus of proof and thus are neither Convention refugees nor persons in need of protection under ss.96 and 97(1) IRPA.

Court Disposition

Claims rejected; claimants found neither Convention refugees nor persons in need of protection under ss.96 and 97(1) IRPA

Orders

  • Refugee claims dismissed
  • No protection granted under sections 96 and 97(1) of the Immigration and Refugee Protection Act