TB7-11305

TB7-11305

The Board rejected the claim because key elements (domestic violence and same-sex relationship) were supported by documents found to be fraudulent and the claimant's oral evidence was not credible or corroborated, leading to a finding that the claim is manifestly unfounded and that the claimant is neither a Convention refugee nor a person in need of protection.

Citation
TB7-11305
Parties
Claimant: XXXX XXXX XXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
28 September 2017
Procedural Posture
Refugee Protection (irpa S96, S97(1)) / Decision Reasons and Decision
Outcome
Claim rejected; claimant is neither a Convention refugee nor a person in need of protection; claim declared manifestly unfounded.
Legal Topics
Credibility, Manifestly Unfounded Claim, Sexual Orientation, Gender Based Persecution, Fraudulent Documents
Source Language
English
Immigration Refugee Law Administrative Law Credibility Manifestly Unfounded Claim Sexual Orientation Gender Based Persecution Fraudulent Documents

Case Brief

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Parties

XXXX XXXX XXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection (irpa S96, S97(1)) / Decision Reasons and Decision

Legal Issues

  1. 1 Whether claimant is a Convention refugee or person in need of protection
  2. 2 Credibility of the claimant's testimony and documents
  3. 3 Whether key documents are fraudulent

Ratio Decidendi

The Board rejected the claim because key elements (domestic violence and same-sex relationship) were supported by documents found to be fraudulent and the claimant's oral evidence was not credible or corroborated, leading to a finding that the claim is manifestly unfounded and that the claimant is neither a Convention refugee nor a person in need of protection.

Court Disposition

Claim rejected; claimant is neither a Convention refugee nor a person in need of protection; claim declared manifestly unfounded.

Orders

  • Claim rejected
  • Claim declared manifestly unfounded pursuant to IRPA s.107.1