TB3-03297

TB3-03297

The panel found on the balance of probabilities that the claimant knowingly used a non-genuine passport and another person's identity to enter and remain in China, thereby gaining an advantage (work, study, residence) and committing conduct comparable to identity fraud which constitutes a serious non-political...

Source-derived case information.

Citation
TB3-03297
Parties
Claimant: XXXX XXXX XXXX; Respondent: Minister of Public Safety
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
4 February 2014
Procedural Posture
Refugee Protection Claim (article 1 F Exclusion) / Hearing and Decision (refugee Protection Division)
Outcome
Claimant excluded from refugee protection under Article 1F(b) of the UN Convention relating to the Status of Refugees
Legal Topics
Article 1 F(b) Exclusion, Identity Fraud, Credibility, Use of False Travel Documents, Article 31 Non Penalization
Source Language
english
Immigration Refugee Law Criminal Law International Law Article 1 F(b) Exclusion Identity Fraud Credibility Use of False Travel Documents +1 more

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Parties

XXXX XXXX XXXX

Claimant

Minister of Public Safety

Respondent

Procedural Posture

Refugee Protection Claim (article 1 F Exclusion) / Hearing and Decision (refugee Protection Division)

Legal Issues

  1. 1 Whether the claimant committed a serious non-political crime prior to admission to Canada within the meaning of Article 1F(b)
  2. 2 Whether use of a non-genuine passport and false identity to enter, remain, work and study abroad constitutes identity fraud/serious crime
  3. 3 Whether the claimant's fear claims are credible and supported by evidence

Ratio Decidendi

The panel found on the balance of probabilities that the claimant knowingly used a non-genuine passport and another person's identity to enter and remain in China, thereby gaining an advantage (work, study, residence) and committing conduct comparable to identity fraud which constitutes a serious non-political crime; accordingly the claimant is excluded from refugee protection under Article 1F(b).

Court Disposition

Claimant excluded from refugee protection under Article 1F(b) of the UN Convention relating to the Status of Refugees

Orders

  • Refugee claim denied; claimant excluded from protection pursuant to Article 1F(b)