TB4-11738

TB4-11738

The panel found the claimant failed to establish identity or nationality by credible documents or testimony, identified material inconsistencies and selective disclosure, drew negative inferences from failure to produce corroborating evidence, and therefore concluded there was no credible basis for the claim under s.107(2) IRPA and rejected the refugee claim.

Citation
TB4-11738
Parties
Claimant: XXXX XXXX XXXX (a.k.a. XXXX XXXX XXXX); Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
24 February 2015
Procedural Posture
Refugee Protection Claim / Hearing and Decision
Outcome
Claim rejected; no credible basis under subsection 107(2) IRPA
Legal Topics
Identity and Nationality, Credibility Assessment, Convention Refugee Determination, No Credible Basis (s.107(2) Irpa)
Source Language
English
Immigration Law Refugee Law Administrative Law Identity and Nationality Credibility Assessment Convention Refugee Determination No Credible Basis (s.107(2) Irpa)

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Parties

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

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim / Hearing and Decision

Legal Issues

  1. 1 Whether the claimant established his identity and nationality
  2. 2 Whether documentary and testimonial evidence was credible and sufficiently corroborative
  3. 3 Whether negative inferences should be drawn from failure to produce documents

Ratio Decidendi

The panel found the claimant failed to establish identity or nationality by credible documents or testimony, identified material inconsistencies and selective disclosure, drew negative inferences from failure to produce corroborating evidence, and therefore concluded there was no credible basis for the claim under s.107(2) IRPA and rejected the refugee claim.

Court Disposition

Claim rejected; no credible basis under subsection 107(2) IRPA

Orders

  • Claimant's claim for refugee protection is rejected
  • Panel finds subsection 107(2) IRPA applies and there is no credible basis for the claim