TB4-09100

TB4-09100

The claimant failed to establish identity with credible or trustworthy evidence, did not produce originals or make reasonable efforts or provide credible explanations for their absence, and provided inconsistent and evasive testimony; therefore the Tribunal assigned no probative weight to documentary evidence and, pursuant to s.107(2) IRPA, found the claim had no credible basis and rejected it.

Citation
TB4-09100
Parties
Claimant: XXXX XXXX XXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
27 November 2014
Procedural Posture
Refugee Claim / Hearing and Decision
Outcome
Claim rejected
Legal Topics
Identity, Credibility, Documentary Evidence, Reasonable Efforts to Obtain Documents, S.106 IRPA, S.107(2) IRPA, RPD Rules S.11 and S.42(1)
Source Language
English
Immigration Law Refugee Law Administrative Law Identity Credibility Documentary Evidence Reasonable Efforts to Obtain Documents S.106 IRPA +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 7 Authorities cited 8 Party arguments 2
Sign in to unlock

Parties

XXXX XXXX XXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Claim / Hearing and Decision

Legal Issues

  1. 1 Whether the claimant established personal and national identity with credible or trustworthy evidence
  2. 2 Whether the claimant's documentary evidence could be given probative weight in absence of originals or reasonable explanations
  3. 3 Whether the claim has a credible basis under s.107(2) of the IRPA

Ratio Decidendi

The claimant failed to establish identity with credible or trustworthy evidence, did not produce originals or make reasonable efforts or provide credible explanations for their absence, and provided inconsistent and evasive testimony; therefore the Tribunal assigned no probative weight to documentary evidence and, pursuant to s.107(2) IRPA, found the claim had no credible basis and rejected it.

Court Disposition

Claim rejected

Orders

  • Refugee claim dismissed; claimant is neither a Convention refugee nor a person in need of protection
  • Pursuant to s.107(2) of the Immigration and Refugee Protection Act the claim was found to have no credible basis