MB0-07239

MB0-07239

The claimant failed to establish his identity because submitted identity documents were found non‑probative due to expert analysis and internal inconsistencies and the claimant did not provide a reasonable explanation or take adequate steps to obtain acceptable identity documentation; accordingly the claim was dismissed without further merits analysis under s.106 IRPA and RPD Rule 7.

Citation
MB0-07239
Parties
Claimant: XXXXX XXXXXX-XXXXX; Respondent: Minister (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
30 June 2011
Procedural Posture
Refugee Protection Claim / Hearing Decision
Outcome
Claim rejected; claimant is not a Convention refugee and not a person in need of protection
Legal Topics
Identity Verification, Document Authenticity, Expert Evidence, Credibility, Burden of Proof, Detention and Release
Source Language
English
Immigration Refugee Protection Administrative Law Identity Verification Document Authenticity Expert Evidence Credibility Burden of Proof +1 more

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Parties

XXXXX XXXXXX-XXXXX

Claimant

Minister (Canada)

Respondent

Procedural Posture

Refugee Protection Claim / Hearing Decision

Legal Issues

  1. 1 Whether the claimant established his identity
  2. 2 Whether the identity documents submitted were authentic
  3. 3 Whether the claimant established a serious possibility of persecution under a Convention ground

Ratio Decidendi

The claimant failed to establish his identity because submitted identity documents were found non‑probative due to expert analysis and internal inconsistencies and the claimant did not provide a reasonable explanation or take adequate steps to obtain acceptable identity documentation; accordingly the claim was dismissed without further merits analysis under s.106 IRPA and RPD Rule 7.

Court Disposition

Claim rejected; claimant is not a Convention refugee and not a person in need of protection

Orders

  • Claim rejected; claimant is not a Convention refugee under section 96 IRPA and not a person in need of protection under subsection 97(1) IRPA