TB5-11301

TB5-11301

The claim is dismissed because the claimants' evidence is irreparably undermined by multiple material inconsistencies (addresses, dates, failure to disclose hiding places), by submission of a likely forged blood‑feud attestation certificate and false passports, and by re‑availment to Italy which indicates state...

Source-derived case information.

Citation
TB5-11301
Parties
Claimant: XXXX XXXX XXXXXXXX XXXX; Claimant: XXXX XXXX XXXX XXXX XXXX; Respondent: Minister (Government of Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
6 September 2017
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing — Oral Reasons Delivered With Written Reasons to Follow
Outcome
Claim dismissed; refugee protection denied as manifestly unfounded and based on fraudulent submissions
Legal Topics
Credibility, Persecution, State Protection, Re‑availment/safe Third Country, Fraudulent Documents, Manifestly Unfounded Claim, Nexus to Convention Ground
Source Language
english
Immigration Refugee Law Administrative Law Credibility Persecution State Protection Re‑availment/safe Third Country Fraudulent Documents +2 more

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Parties

XXXX XXXX XXXXXXXX XXXX

Claimant

XXXX XXXX XXXX XXXX XXXX

Claimant

Minister (Government of Canada)

Respondent

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing — Oral Reasons Delivered With Written Reasons to Follow

Legal Issues

  1. 1 Whether claimants face a serious possibility of persecution on a Convention ground (s.96 IRPA)
  2. 2 Whether claimants face risk of torture, death or cruel and unusual treatment (s.97(1) IRPA)
  3. 3 Whether nexus to a Convention ground exists (political animosity between parties)

Ratio Decidendi

The claim is dismissed because the claimants' evidence is irreparably undermined by multiple material inconsistencies (addresses, dates, failure to disclose hiding places), by submission of a likely forged blood‑feud attestation certificate and false passports, and by re‑availment to Italy which indicates state protection was available and a lack of genuine subjective fear; collectively these credibility and fraud findings mean there is no serious possibility of persecution or risk under ss.96/97(1) IRPA and the claim is manifestly unfounded.

Court Disposition

Claim dismissed; refugee protection denied as manifestly unfounded and based on fraudulent submissions

Orders

  • Claim dismissed; refugee protection denied; claim found manifestly unfounded due to fraud and pervasive adverse credibility findings