TB5-14123

TB5-14123

Claimant failed to establish identity on the balance of probabilities due to inconsistent testimony about Resident Identity Card issuance and travel documents, non-production or dubious authenticity of key documents (passport, RIC, hukou), and contradictions with objective country documentation on exit controls; negative inferences followed and, absent credible identity or trustworthy evidence, the claim had no credible basis under subsection 107(2) IRPA and was rejected.

Citation
TB5-14123
Parties
Claimant: XXXX XXXX; Respondent: Minister (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
29 August 2016
Procedural Posture
Refugee Protection (irpa Sections 96, 97(1)) / Final Decision (rpd Hearing)
Outcome
Claim rejected — no credible basis pursuant to subsection 107(2) IRPA
Legal Topics
Credibility, Identity Documentation, No Credible Basis (s.107(2) Irpa), Persecution for Imputed Political Opinion, Fraudulent Documents
Source Language
English
Immigration Refugee Law Administrative Law Credibility Identity Documentation No Credible Basis (s.107(2) Irpa) Persecution for Imputed Political Opinion Fraudulent Documents

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Parties

XXXX XXXX

Claimant

Minister (Canada)

Respondent

Procedural Posture

Refugee Protection (irpa Sections 96, 97(1)) / Final Decision (rpd Hearing)

Legal Issues

  1. 1 Whether claimant established identity
  2. 2 Whether claimant's testimony and documents are credible
  3. 3 Whether claimant faces a serious possibility of persecution on a Convention ground

Ratio Decidendi

Claimant failed to establish identity on the balance of probabilities due to inconsistent testimony about Resident Identity Card issuance and travel documents, non-production or dubious authenticity of key documents (passport, RIC, hukou), and contradictions with objective country documentation on exit controls; negative inferences followed and, absent credible identity or trustworthy evidence, the claim had no credible basis under subsection 107(2) IRPA and was rejected.

Court Disposition

Claim rejected — no credible basis pursuant to subsection 107(2) IRPA

Orders

  • Refugee protection claim dismissed
  • No protection granted under sections 96 or 97(1) IRPA