MA7-06670

MA7-06670

The panel rejected the refugee protection claims because it was not satisfied as to the claimants' identities: they produced only birth certificates, failed to produce other identity documents or to take steps to establish identity despite time in Canada and prior detention for identity issues, and RPD rules require reliance on documents available at the hearing.

Citation
MA7-06670
Parties
Principal Claimant: XXXXXX XXXXXX; Co Claimant (nephew): XXXXXX XXXX XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
27 October 2010
Procedural Posture
Refugee Protection Claim / Hearing and Oral Decision
Outcome
Claims for refugee protection rejected due to inability to establish identity
Legal Topics
Identity Documentation, Assessment of Credibility and Identity, Designated Representative, Procedural Compliance With RPD Rules
Source Language
English
Immigration Refugee Law Administrative Law Identity Documentation Assessment of Credibility and Identity Designated Representative Procedural Compliance With RPD Rules

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Parties

XXXXXX XXXXXX

Principal Claimant

XXXXXX XXXX XXXXX

Co Claimant (nephew)

Procedural Posture

Refugee Protection Claim / Hearing and Oral Decision

Legal Issues

  1. 1 Whether the claimants established their identities
  2. 2 Whether birth certificates alone suffice to establish identity before the RPD
  3. 3 Whether failure to obtain or present identity documents and failure to take steps to regularize identity justifies rejection of the claims

Ratio Decidendi

The panel rejected the refugee protection claims because it was not satisfied as to the claimants' identities: they produced only birth certificates, failed to produce other identity documents or to take steps to establish identity despite time in Canada and prior detention for identity issues, and RPD rules require reliance on documents available at the hearing.

Court Disposition

Claims for refugee protection rejected due to inability to establish identity

Orders

  • Refugee protection claims rejected for both claimants due to failure to establish identity
  • Hearing adjourned