VB8-03452

VB8-03452

The panel found the claimant failed to establish her asserted identity and was not a credible witness; material misrepresentations and inconsistent or tampered documents undermined the claim such that the high threshold for a finding of manifestly unfounded was met, therefore the claimant is neither a Convention refugee under s.96 nor a person in need of protection under s.97(1), and the claim is declared manifestly unfounded under s.107.1 IRPA.

Citation
VB8-03452
Parties
Claimant: XXXX XXXX XXXX XXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
12 August 2019
Procedural Posture
Refugee Protection Claim / Decision After Hearing (hearing May 29, 2019; Decision August 12, 2019)
Outcome
Claim denied; claimant is not a Convention refugee and not a person in need of protection; claim declared manifestly unfounded.
Legal Topics
Convention Refugee, Person in Need of Protection, Identity and Credibility, Manifestly Unfounded Claim, Document Fraud
Source Language
English
Immigration Refugee Law Administrative Law Convention Refugee Person in Need of Protection Identity and Credibility Manifestly Unfounded Claim Document Fraud

Case Brief

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Parties

XXXX XXXX XXXX XXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim / Decision After Hearing (hearing May 29, 2019; Decision August 12, 2019)

Legal Issues

  1. 1 Identity authentication and alleged identity fraud
  2. 2 Credibility of claimant and contradictory testimony
  3. 3 Date of entry to Canada and use of false travel documents

Ratio Decidendi

The panel found the claimant failed to establish her asserted identity and was not a credible witness; material misrepresentations and inconsistent or tampered documents undermined the claim such that the high threshold for a finding of manifestly unfounded was met, therefore the claimant is neither a Convention refugee under s.96 nor a person in need of protection under s.97(1), and the claim is declared manifestly unfounded under s.107.1 IRPA.

Court Disposition

Claim denied; claimant is not a Convention refugee and not a person in need of protection; claim declared manifestly unfounded.

Orders

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