TA6-12822

TA6-12822

On the balance of probabilities the claimant failed to prove she is a national of China and the submitted identity documents could not be accepted as genuine; because nationality and credible identity evidence were not established the Panel could not find a serious possibility of persecution or risk of torture in China and therefore rejected the refugee claim.

Citation
TA6-12822
Parties
Claimant: XXXXXXXXXX; Respondent: Minister of Citizenship and Immigration (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
2 December 2008
Procedural Posture
Refugee Protection Claim (refugee Protection Division) / Decision Following Hearing
Outcome
Claim rejected; claimant is not a Convention refugee and not a person in need of protection.
Legal Topics
Identity Documents, Credibility Assessment, Negative Inference, Religious Practice/persecution, Forensic Document Examination
Source Language
English
Refugee Protection Immigration Law Administrative Law Evidence Identity Documents Credibility Assessment Negative Inference Religious Practice/persecution +1 more

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Parties

XXXXXXXXXX

Claimant

Minister of Citizenship and Immigration (Canada)

Respondent

Procedural Posture

Refugee Protection Claim (refugee Protection Division) / Decision Following Hearing

Legal Issues

  1. 1 Whether the claimant is a Convention refugee or person in need of protection
  2. 2 Whether the claimant has established Chinese nationality/identity
  3. 3 Whether the claimant's identity documents are genuine and reliable

Ratio Decidendi

On the balance of probabilities the claimant failed to prove she is a national of China and the submitted identity documents could not be accepted as genuine; because nationality and credible identity evidence were not established the Panel could not find a serious possibility of persecution or risk of torture in China and therefore rejected the refugee claim.

Court Disposition

Claim rejected; claimant is not a Convention refugee and not a person in need of protection.

Orders

  • Refugee Protection Division rejects the claim (Decision dated December 2, 2008).