MB5-02403

MB5-02403

The panel found the claimant's testimony and documentary evidence internally inconsistent and not credible on key matters of identity (name, date of birth, family composition, marital status, religion, employment and manner of obtaining documents), concluding the claimant failed to discharge the onus to prove identity under section 106 and RPD Rule 11; given the credibility findings and evidence of misrepresentation and improperly obtained documents the panel declared the claim manifestly unfounded under section 107.1 and rejected the refugee protection claim.

Citation
MB5-02403
Parties
Claimant: XXXX XXXX XXXX (a.k.a. XXXX XXXX XXXX); Intervener: Minister of Public Safety Canada
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
15 December 2015
Procedural Posture
Refugee Protection Claim / Final Decision After Hearing
Outcome
refugee protection claim rejected; claim declared manifestly unfounded
Legal Topics
Identity Verification, Credibility Assessment, Fraud and Misrepresentation, Manifestly Unfounded Claim, Section 107.1 IRPA, Burden of Proof on Identity
Source Language
English
Immigration Law Refugee Law Administrative Law Identity Verification Credibility Assessment Fraud and Misrepresentation Manifestly Unfounded Claim Section 107.1 IRPA +1 more

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Parties

XXXX XXXX XXXX (a.k.a. XXXX XXXX XXXX)

Claimant

Minister of Public Safety Canada

Intervener

Procedural Posture

Refugee Protection Claim / Final Decision After Hearing

Legal Issues

  1. 1 Whether claimant established identity on balance of probabilities
  2. 2 Whether claimant credible on material facts
  3. 3 Whether claim is manifestly unfounded under section 107.1 of the Immigration and Refugee Protection Act

Ratio Decidendi

The panel found the claimant's testimony and documentary evidence internally inconsistent and not credible on key matters of identity (name, date of birth, family composition, marital status, religion, employment and manner of obtaining documents), concluding the claimant failed to discharge the onus to prove identity under section 106 and RPD Rule 11; given the credibility findings and evidence of misrepresentation and improperly obtained documents the panel declared the claim manifestly unfounded under section 107.1 and rejected the refugee protection claim.

Court Disposition

refugee protection claim rejected; claim declared manifestly unfounded

Orders

  • Refugee protection claim dismissed
  • Claim declared manifestly unfounded pursuant to section 107.1 of the Immigration and Refugee Protection Act