VA9-02460

VA9-02460

The claimant failed to establish identity because submitted documents lacked corroborating security features and contained inconsistencies (driver's licence photograph placement inconsistent with country documentation, reasonable inference that a visitors visa application was submitted by the real person of the claimant's name), and there was insufficient corroboration to accept the other identity documents; consequently the claimant is neither a Convention refugee nor a person in need of protection and the claim is rejected under ss.96 and 97 IRPA.

Citation
VA9-02460
Parties
Claimant: XXXX XXXX XXXXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
30 May 2011
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision (reasons for Decision)
Outcome
Claim rejected: claimant is neither a Convention refugee nor a person in need of protection.
Legal Topics
Identity Documents, Credibility, Refugee Status Determination, Convention Refugee, Protection Claim, Torture Risk, Document Authenticity
Source Language
English
Immigration Law Refugee Law Administrative Law Identity Documents Credibility Refugee Status Determination Convention Refugee Protection Claim +2 more

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Parties

XXXX XXXX XXXXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision (reasons for Decision)

Legal Issues

  1. 1 Whether the claimant has established identity with acceptable documentation
  2. 2 Whether documents submitted are authentic or fraudulent
  3. 3 Impact of lack of established identity on refugee and protection claims under ss.96 and 97 IRPA

Ratio Decidendi

The claimant failed to establish identity because submitted documents lacked corroborating security features and contained inconsistencies (driver's licence photograph placement inconsistent with country documentation, reasonable inference that a visitors visa application was submitted by the real person of the claimant's name), and there was insufficient corroboration to accept the other identity documents; consequently the claimant is neither a Convention refugee nor a person in need of protection and the claim is rejected under ss.96 and 97 IRPA.

Court Disposition

Claim rejected: claimant is neither a Convention refugee nor a person in need of protection.