TB0-05502

TB0-05502

The claimant failed to establish his identity as a citizen of the People's Republic of China because key identity documents were unverified or inconsistent and his testimony was not credible; consequently the panel could not find him a Convention refugee or person in need of protection and, alternatively, any risk...

Source-derived case information.

Citation
TB0-05502
Parties
Claimant: XXXXX XXXXXX; Respondent: Minister of Citizenship and Immigration
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
1 August 2013
Procedural Posture
Refugee Protection Claim / Decision Following Hearing
Outcome
claim rejected
Legal Topics
Identity Documents, Credibility Assessment, Persecution Vs Prosecution, Section 106 IRPA, Rule 11 RPD Rules, Hukou, Resident Identity Card (ric), Forensic Document Examination
Source Language
english
Immigration Law Refugee Law Administrative Law Evidence and Document Authenticity Identity Documents Credibility Assessment Persecution Vs Prosecution Section 106 IRPA +4 more

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Parties

XXXXX XXXXXX

Claimant

Minister of Citizenship and Immigration

Respondent

Procedural Posture

Refugee Protection Claim / Decision Following Hearing

Legal Issues

  1. 1 whether claimant is a national of the People's Republic of China
  2. 2 credibility of claimant's testimony and PIF
  3. 3 authenticity and probative value of identity documents (hukou, RIC, driver's licence, prison visiting card)

Ratio Decidendi

The claimant failed to establish his identity as a citizen of the People's Republic of China because key identity documents were unverified or inconsistent and his testimony was not credible; consequently the panel could not find him a Convention refugee or person in need of protection and, alternatively, any risk he faces arises from prosecution under a law of general application rather than persecution, so protection is refused.

Court Disposition

claim rejected

Orders

  • Claim rejected
  • No protection granted under sections 96 and 97(1)(a) and (b) of the Immigration and Refugee Protection Act