TB5-10058

TB5-10058

The panel found multiple material contradictions and omissions in the claimant's oral and written statements and determined, on the balance of probabilities, that key supporting documents (a death certificate, tombstone photograph and Ombudsperson letter) were fraudulent or altered; these findings destroyed the claimant's credibility on core elements of his claim, making the claim clearly fraudulent and manifestly unfounded under IRPA, and accordingly the claim was rejected.

Citation
TB5-10058
Parties
Claimant: XXXX XXXX; Respondent: Minister (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
5 May 2016
Procedural Posture
Refugee Protection Claim / Final Decision by Refugee Protection Division (reasons and Decision)
Outcome
Refugee protection claim rejected; claim declared manifestly unfounded
Legal Topics
Convention Refugee, Person in Need of Protection, Credibility Findings, Manifestly Unfounded Claim, Document Fraud
Source Language
English
Immigration Law Refugee Law Administrative Law Convention Refugee Person in Need of Protection Credibility Findings Manifestly Unfounded Claim Document Fraud

Case Brief

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Parties

XXXX XXXX

Claimant

Minister (Canada)

Respondent

Procedural Posture

Refugee Protection Claim / Final Decision by Refugee Protection Division (reasons and Decision)

Legal Issues

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

Ratio Decidendi

The panel found multiple material contradictions and omissions in the claimant's oral and written statements and determined, on the balance of probabilities, that key supporting documents (a death certificate, tombstone photograph and Ombudsperson letter) were fraudulent or altered; these findings destroyed the claimant's credibility on core elements of his claim, making the claim clearly fraudulent and manifestly unfounded under IRPA, and accordingly the claim was rejected.

Court Disposition

Refugee protection claim rejected; claim declared manifestly unfounded

Orders

  • Refugee protection claim rejected by Refugee Protection Division
  • Claim found to be manifestly unfounded under section 107.1 of IRPA