TB2-08850

TB2-08850

The claimants failed, on the balance of probabilities, to establish their personal identities and nationality because the primary identity documents were unreliable or potentially fraudulent, testimony about the provenance of documents and residence in Turkey was inconsistent and uncorroborated, and explanations for gaps were not credible; therefore the refugee protection claims are rejected for lack of established nationality.

Citation
TB2-08850
Parties
Claimant: XXXX XXXX XXXX; Respondent: Minister of Immigration
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
14 September 2017
Procedural Posture
Refugee Protection Claim / Hearing Decision on Credibility and Identity
Outcome
claims rejected
Legal Topics
Identity Verification, Nationality, Credibility Assessment, Documentary Evidence, Residence History, Entry by Smuggling
Source Language
English
Immigration Law Refugee Law Administrative Law Evidence Law Identity Verification Nationality Credibility Assessment Documentary Evidence +2 more

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Parties

XXXX XXXX XXXX

Claimant

Minister of Immigration

Respondent

Procedural Posture

Refugee Protection Claim / Hearing Decision on Credibility and Identity

Legal Issues

  1. 1 Whether the claimants established their personal identity and nationality
  2. 2 Whether the provided identity documents and baptism/birth certificates are reliable
  3. 3 Whether lack of corroborating evidence of residence in Turkey undermines credibility

Ratio Decidendi

The claimants failed, on the balance of probabilities, to establish their personal identities and nationality because the primary identity documents were unreliable or potentially fraudulent, testimony about the provenance of documents and residence in Turkey was inconsistent and uncorroborated, and explanations for gaps were not credible; therefore the refugee protection claims are rejected for lack of established nationality.

Court Disposition

claims rejected

Orders

  • Claims rejected