TB0-17680

TB0-17680

On a balance of probabilities the panel found the claimant did not establish her identity as a Chinese national because the photograph on the submitted Resident Identity Card did not match the claimant and she failed to provide credible, corroborating explanations or documentation; possession of an ID does not prove legitimate issuance and the panel concluded the claimant knowingly submitted false identity documents, thereby breaching s.106 IRPA and Rule 7; identity failure fatally undermines the refugee claim and the claim is rejected.

Citation
TB0-17680
Parties
Claimant: XXXXXXXXX; Respondent: Minister of Citizenship and Immigration
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
15 May 2012
Procedural Posture
Refugee Protection (irpa S.96 and S.97) / Hearing and Final Decision
Outcome
Claim rejected; identity not established; not a Convention refugee nor a person in need of protection
Legal Topics
Identity Documents, Credibility, Document Fraud, Convention Refugee, Household Register, Resident Identity Card
Source Language
English
Refugee Law Immigration Administrative Law Evidence Identity Documents Credibility Document Fraud Convention Refugee +2 more

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Parties

XXXXXXXXX

Claimant

Minister of Citizenship and Immigration

Respondent

Procedural Posture

Refugee Protection (irpa S.96 and S.97) / Hearing and Final Decision

Legal Issues

  1. 1 Whether claimant established identity as a national of the People's Republic of China
  2. 2 Whether the Resident Identity Card and Hukou were authentic or legitimately obtained
  3. 3 Whether claimant's credibility is undermined by documentary and oral inconsistencies

Ratio Decidendi

On a balance of probabilities the panel found the claimant did not establish her identity as a Chinese national because the photograph on the submitted Resident Identity Card did not match the claimant and she failed to provide credible, corroborating explanations or documentation; possession of an ID does not prove legitimate issuance and the panel concluded the claimant knowingly submitted false identity documents, thereby breaching s.106 IRPA and Rule 7; identity failure fatally undermines the refugee claim and the claim is rejected.

Court Disposition

Claim rejected; identity not established; not a Convention refugee nor a person in need of protection