TB0-17452

TB0-17452

On a balance of probabilities the claimant failed to establish his identity as a citizen of the People\u2019s Republic of China because the resident identity card original was not produced, the photocopy was illegible, the hukou had limited evidentiary weight and forensic review was inconclusive, and the claimant travelled on a false passport and could not provide identifying details; therefore the panel could not determine nationality and rejected the refugee protection claim without further assessment of merits.

Citation
TB0-17452
Parties
Claimant: XXXXXXXXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
5 April 2012
Procedural Posture
Refugee Protection Claim / Decision of Refugee Protection Division
Outcome
Refugee protection claim rejected; claimant is neither a Convention refugee nor a person in need of protection
Legal Topics
Religion, Religious Practice, Hiding, Identity, Identity Documents, Document Authenticity, Rules of Procedure, Expert Evidence, Credibility Assessment, China
Source Language
English
Immigration Refugee Law Administrative Law Evidence Religion Religious Practice Hiding Identity +6 more

Case Brief

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Parties

XXXXXXXXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim / Decision of Refugee Protection Division

Legal Issues

  1. 1 Whether the claimant established his identity as a citizen of the People\u2019s Republic of China
  2. 2 Whether the documents provided were authentic and acceptable
  3. 3 Whether the claimant satisfied section 106 of the IRPA and Rule 7 of the RPD Rules

Ratio Decidendi

On a balance of probabilities the claimant failed to establish his identity as a citizen of the People\u2019s Republic of China because the resident identity card original was not produced, the photocopy was illegible, the hukou had limited evidentiary weight and forensic review was inconclusive, and the claimant travelled on a false passport and could not provide identifying details; therefore the panel could not determine nationality and rejected the refugee protection claim without further assessment of merits.

Court Disposition

Refugee protection claim rejected; claimant is neither a Convention refugee nor a person in need of protection