TB5-13798

TB5-13798

On a balance of probabilities the claimant failed to establish his identity or Eritrean nationality because the Eritrean national identity card was found fraudulent, documentary evidence contained material inconsistencies and contradictions, and the claimant's testimony lacked credibility; therefore the claim is...

Source-derived case information.

Citation
TB5-13798
Parties
Claimant: XXXX XXXX XXXX; Respondent: Minister of Public Safety
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
1 November 2016
Procedural Posture
Refugee Protection Claim Under IRPA / Decision on Refugee Claim (reasons and Decision)
Outcome
Claim rejected; claimant found not to be a Convention refugee or person in need of protection; claim declared manifestly unfounded.
Legal Topics
Identity Fraud, Credibility Assessment, Manifestly Unfounded Claim, Nationality, Evidence Authentication, Seizure of Documents
Source Language
english
Immigration Law Refugee Law Administrative Law Identity Fraud Credibility Assessment Manifestly Unfounded Claim Nationality Evidence Authentication +1 more

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Parties

XXXX XXXX XXXX

Claimant

Minister of Public Safety

Respondent

Procedural Posture

Refugee Protection Claim Under IRPA / Decision on Refugee Claim (reasons and Decision)

Legal Issues

  1. 1 Whether the claimant's identity and nationality were established
  2. 2 Whether the claimant's documentary evidence (Eritrean national identity card, birth certificate, school records, immunization record) was authentic
  3. 3 Whether the claimant's testimony was credible

Ratio Decidendi

On a balance of probabilities the claimant failed to establish his identity or Eritrean nationality because the Eritrean national identity card was found fraudulent, documentary evidence contained material inconsistencies and contradictions, and the claimant's testimony lacked credibility; therefore the claim is clearly fraudulent and manifestly unfounded and must be rejected.

Court Disposition

Claim rejected; claimant found not to be a Convention refugee or person in need of protection; claim declared manifestly unfounded.

Orders

  • Claim rejected and declared manifestly unfounded under IRPA s.107.1
  • Seizure of the claimant's national identity card by CBSA under authority of IRPA s.140(1)