TB0-11840

TB0-11840

The panel found on the balance of probabilities that the birth certificate and supporting documents were not authentic and the claimant's explanations were unreasonable; this negative credibility finding meant the claimant failed to establish identity as an Eritrean and therefore failed to demonstrate refugee status or need for protection under section 97 IRPA.

Citation
TB0-11840
Parties
Claimant: XXXX XXXXXXXXXX; Respondent: Minister of Citizenship and Immigration
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
16 September 2011
Procedural Posture
Refugee Protection (irpa) / Hearing and Decision of the Refugee Protection Division
Outcome
Claim dismissed; refugee protection refused
Legal Topics
Identity Documents, Credibility Assessment, Convention Refugee, Person in Need of Protection (s.97 Irpa), Authenticity of Documents, Safe Third Country
Source Language
English
Immigration Law Refugee Law Administrative Law Identity Documents Credibility Assessment Convention Refugee Person in Need of Protection (s.97 Irpa) Authenticity of Documents +1 more

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Parties

XXXX XXXXXXXXXX

Claimant

Minister of Citizenship and Immigration

Respondent

Procedural Posture

Refugee Protection (irpa) / Hearing and Decision of the Refugee Protection Division

Legal Issues

  1. 1 Whether claimant established national identity as an Eritrean
  2. 2 Whether the Birth Certificate and other documents are authentic
  3. 3 Whether claimant's overall credibility is undermined by false or unreliable documents

Ratio Decidendi

The panel found on the balance of probabilities that the birth certificate and supporting documents were not authentic and the claimant's explanations were unreasonable; this negative credibility finding meant the claimant failed to establish identity as an Eritrean and therefore failed to demonstrate refugee status or need for protection under section 97 IRPA.

Court Disposition

Claim dismissed; refugee protection refused

Orders

  • Claim for refugee protection rejected
  • Claimant is not a person in need of protection pursuant to section 97(1) IRPA