TA5-05357

TA5-05357

The claim was dismissed because the claimant failed to establish his identity and presented inconsistent and likely fraudulent documentation and testimony; that failure destroyed credibility and precluded finding a well‑founded fear of persecution under ss.96 and 97 IRPA.

Citation
TA5-05357
Parties
Claimant: XXXXX XXXXX XXXXX; Refugee Protection Officer: W. Kawun; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
22 June 2006
Procedural Posture
Refugee Protection Claim (inland) / Decision by Refugee Protection Division Following Hearing
Outcome
Claim rejected by Refugee Protection Division; claimant not found to be a Convention refugee or a person in need of protection.
Legal Topics
Convention Refugee, Person in Need of Protection, Credibility and Identity, Political Opinion, Particular Social Group, Document Authenticity
Source Language
English
Immigration Law Refugee Law Administrative Law Convention Refugee Person in Need of Protection Credibility and Identity Political Opinion Particular Social Group +1 more

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Parties

XXXXX XXXXX XXXXX

Claimant

W. Kawun

Refugee Protection Officer

Minister

Respondent

Procedural Posture

Refugee Protection Claim (inland) / Decision by Refugee Protection Division Following Hearing

Legal Issues

  1. 1 Whether claimant established his identity and country of nationality
  2. 2 Whether claimant has a well-founded fear of persecution based on imputed political opinion and membership of family
  3. 3 Whether documents presented are authentic and credible

Ratio Decidendi

The claim was dismissed because the claimant failed to establish his identity and presented inconsistent and likely fraudulent documentation and testimony; that failure destroyed credibility and precluded finding a well‑founded fear of persecution under ss.96 and 97 IRPA.

Court Disposition

Claim rejected by Refugee Protection Division; claimant not found to be a Convention refugee or a person in need of protection.

Orders

  • Refugee claim dismissed; claimant is not a Convention refugee under s.96 IRPA and not a person in need of protection under s.97(1) IRPA