TB6-15701

TB6-15701

The Board found the claimants generally not credible due to intentional withholding of original passports, material inconsistencies and the submission of fraudulent affidavits and documents that went to the core of their alleged persecution; these factors rendered the claims 'clearly fraudulent' on a balance of probabilities and therefore manifestly unfounded under s.107.1 IRPA, warranting dismissal of the refugee and protection claims.

Citation
TB6-15701
Parties
Principal Claimant: XXXX XXXX; Male Claimant: XXXX XXXX; Minor Claimant #1: XXXX XXXX XXXX; Minor Claimant #2: XXXX XXXX; Minor Claimant #3: XXXX XXXX XXXX; Minor Claimant #4: XXXX XXXX XXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
23 January 2017
Procedural Posture
Refugee Protection Claim (irpa Ss.96 and 97(1)) / Decision on Manifestly Unfounded Claim (reasons and Decision)
Outcome
Claims dismissed; claims found manifestly unfounded as clearly fraudulent; claimants not Convention refugees and not persons in need of protection
Legal Topics
Manifestly Unfounded Claim, Credibility Assessment, Fraudulent Documents, Adverse Inference, Internal Flight Alternative, Psychological Evidence
Source Language
English
Immigration Law Refugee Law Administrative Law Manifestly Unfounded Claim Credibility Assessment Fraudulent Documents Adverse Inference Internal Flight Alternative +1 more

Case Brief

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Parties

XXXX XXXX

Principal Claimant

XXXX XXXX

Male Claimant

XXXX XXXX XXXX

Minor Claimant #1

XXXX XXXX

Minor Claimant #2

XXXX XXXX XXXX

Minor Claimant #3

XXXX XXXX XXXX

Minor Claimant #4

Minister

Respondent

Procedural Posture

Refugee Protection Claim (irpa Ss.96 and 97(1)) / Decision on Manifestly Unfounded Claim (reasons and Decision)

Legal Issues

  1. 1 Whether the claimants are credible
  2. 2 Whether submitted affidavits and documents are fraudulent
  3. 3 Whether the claimants deliberately withheld passports to mislead the Board

Ratio Decidendi

The Board found the claimants generally not credible due to intentional withholding of original passports, material inconsistencies and the submission of fraudulent affidavits and documents that went to the core of their alleged persecution; these factors rendered the claims 'clearly fraudulent' on a balance of probabilities and therefore manifestly unfounded under s.107.1 IRPA, warranting dismissal of the refugee and protection claims.

Court Disposition

Claims dismissed; claims found manifestly unfounded as clearly fraudulent; claimants not Convention refugees and not persons in need of protection