TB1-18916

TB1-18916

Because the claimants failed to credibly establish their identities and produced birth certificates the panel found were false in light of inconsistencies and objective evidence of widespread fraudulent documents in Bangladesh, the panel drew adverse credibility inferences and concluded the claimants are not Convention refugees and are not persons in need of protection under sections 96 and 97(1) of the IRPA.

Citation
TB1-18916
Parties
Principal Claimant: XXXX XXXX; Spouse/co Claimant: XXXX XXXX; Minor Child: XXXX XXXX; Designated Representative for Minors: XXXX XXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
21 August 2013
Procedural Posture
Refugee Protection Claim (rpd) / Decision
Outcome
Claim rejected; claimants are not Convention refugees under s.96 and not persons in need of protection under s.97(1)(a) or 97(1)(b) of the IRPA
Legal Topics
Convention Refugee, Section 97 Protection, Identity Documents, Fraudulent Documents, Credibility Findings, Religion Based Persecution, Children and Family Claims
Source Language
English
Immigration Law Refugee Law Evidentiary Law Administrative Law Convention Refugee Section 97 Protection Identity Documents Fraudulent Documents +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 2 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

XXXX XXXX

Principal Claimant

XXXX XXXX

Spouse/co Claimant

XXXX XXXX

Minor Child

XXXX XXXX

Designated Representative for Minors

Minister

Respondent

Procedural Posture

Refugee Protection Claim (rpd) / Decision

Legal Issues

  1. 1 Whether claimants established personal identity
  2. 2 Whether identity documents were authentic
  3. 3 Whether claimants were credible

Ratio Decidendi

Because the claimants failed to credibly establish their identities and produced birth certificates the panel found were false in light of inconsistencies and objective evidence of widespread fraudulent documents in Bangladesh, the panel drew adverse credibility inferences and concluded the claimants are not Convention refugees and are not persons in need of protection under sections 96 and 97(1) of the IRPA.

Court Disposition

Claim rejected; claimants are not Convention refugees under s.96 and not persons in need of protection under s.97(1)(a) or 97(1)(b) of the IRPA

Orders

  • Refugee protection claim dismissed