TB5-09547

TB5-09547

Because the claimant submitted a medical certificate that forensic analysis showed had stamps applied by an inkjet printer rather than by normal letterpress wet seals, the document was found fraudulent and material to the central allegation; that fraudulent corroboration destroyed the claimants' credibility and on...

Source-derived case information.

Citation
TB5-09547
Parties
Claimant: XXXX XXXX XXXX; Claimant: XXXX XXXX; Respondent: Minister of Immigration
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
17 October 2016
Procedural Posture
Refugee Protection / Final Decision
Outcome
Claims for refugee protection rejected; claims declared manifestly unfounded
Legal Topics
Credibility Assessment, Fraudulent Document, Manifestly Unfounded, Persecution for Sexual Identity, Forensic Document Analysis
Source Language
english
Immigration Law Refugee Law Administrative Law Credibility Assessment Fraudulent Document Manifestly Unfounded Persecution for Sexual Identity Forensic Document Analysis

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Summary, issues, holding and outcome

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Parties

XXXX XXXX XXXX

Claimant

XXXX XXXX

Claimant

Minister of Immigration

Respondent

Procedural Posture

Refugee Protection / Final Decision

Legal Issues

  1. 1 Whether the claimants are Convention refugees or persons in need of protection under ss.96 and 97(1) of the IRPA
  2. 2 Whether the medical certificate tendered by the claimant is fraudulent and material to credibility
  3. 3 Whether the claim is clearly fraudulent and therefore manifestly unfounded under s.107.1 IRPA

Ratio Decidendi

Because the claimant submitted a medical certificate that forensic analysis showed had stamps applied by an inkjet printer rather than by normal letterpress wet seals, the document was found fraudulent and material to the central allegation; that fraudulent corroboration destroyed the claimants' credibility and on the balance of probabilities the claims were rejected and declared manifestly unfounded under s.107.1 IRPA.

Court Disposition

Claims for refugee protection rejected; claims declared manifestly unfounded

Orders

  • Claims for refugee protection are rejected
  • Claims declared manifestly unfounded pursuant to s.107.1 IRPA