VB2-03795

VB2-03795

The claim is rejected because the claimant failed to establish his personal and ethnic identity and failed the credibility assessment: key identity documents (driver's licence and birth certificate) were found fraudulent or internally inconsistent; testimony contained material contradictions and implausibilities (dates of flight, means of obtaining documents, education history, failure to claim in Rwanda despite ability to do so, and voluntary returns to the DRC), and corroborating brother documents and university papers were insufficient. On that basis the panel found no well-founded fear of persecution and no risk under s.97(1).

Citation
VB2-03795
Parties
Claimant: XXXX XXXX XXXX; Respondent: Minister (Immigration)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
8 December 2015
Procedural Posture
Refugee Protection Claim (convention Refugee / S.97(1)) / Final Decision on Merits and Credibility After Hearing
Outcome
Claim dismissed. Claimant is not a Convention refugee and is not a person in need of protection under s.97(1) of the IRPA.
Legal Topics
Identity, Credibility, Fraudulent Documents, Re Availment, Failure to Claim Elsewhere, Documentary Evidence
Source Language
English
Immigration Refugee Law Administrative Law Identity Credibility Fraudulent Documents Re Availment Failure to Claim Elsewhere +1 more

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Parties

XXXX XXXX XXXX

Claimant

Minister (Immigration)

Respondent

Procedural Posture

Refugee Protection Claim (convention Refugee / S.97(1)) / Final Decision on Merits and Credibility After Hearing

Legal Issues

  1. 1 Whether the claimant established his identity and Congolese nationality
  2. 2 Whether the claimant is credible
  3. 3 Whether the claimant has a well-founded fear of persecution on a Convention ground (ethnicity)

Ratio Decidendi

The claim is rejected because the claimant failed to establish his personal and ethnic identity and failed the credibility assessment: key identity documents (driver's licence and birth certificate) were found fraudulent or internally inconsistent; testimony contained material contradictions and implausibilities (dates of flight, means of obtaining documents, education history, failure to claim in Rwanda despite ability to do so, and voluntary returns to the DRC), and corroborating brother documents and university papers were insufficient. On that basis the panel found no well-founded fear of persecution and no risk under s.97(1).

Court Disposition

Claim dismissed. Claimant is not a Convention refugee and is not a person in need of protection under s.97(1) of the IRPA.