TB1-14912

TB1-14912

The claimant failed to establish his identity under section 106 IRPA due to inconsistent identity documents and admissions regarding use of fraudulent documents, and failed to provide reasonable explanations or readily obtainable corroboration; accordingly the claimant was not found credible and, on the balance of probabilities, did not have a well‑founded subjective fear or face a serious risk of persecution, torture or cruel and unusual treatment on return to Georgia, warranting rejection of the refugee protection claim under sections 96 and 97 of IRPA.

Citation
TB1-14912
Parties
Claimant: XXXX XXXX; Respondent: Minister (Respondent)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
18 February 2014
Procedural Posture
Refugee Protection Claim (convention Refugee / Person in Need of Protection) / Refugee Protection Division Hearing and Decision (reasons for Decision)
Outcome
Claim rejected — not a Convention refugee and not a person in need of protection; removal to Georgia not barred.
Legal Topics
Convention Refugee, Person in Need of Protection, Credibility, Identity Documentation, Statelessness, Risk Assessment, Torture
Source Language
English
Immigration Law Refugee Law Administrative Law Convention Refugee Person in Need of Protection Credibility Identity Documentation Statelessness +2 more

Case Brief

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Parties

XXXX XXXX

Claimant

Minister (Respondent)

Respondent

Procedural Posture

Refugee Protection Claim (convention Refugee / Person in Need of Protection) / Refugee Protection Division Hearing and Decision (reasons for Decision)

Legal Issues

  1. 1 Failure to establish identity under section 106 IRPA
  2. 2 Credibility of claimant's testimony
  3. 3 Subjective fear of persecution

Ratio Decidendi

The claimant failed to establish his identity under section 106 IRPA due to inconsistent identity documents and admissions regarding use of fraudulent documents, and failed to provide reasonable explanations or readily obtainable corroboration; accordingly the claimant was not found credible and, on the balance of probabilities, did not have a well‑founded subjective fear or face a serious risk of persecution, torture or cruel and unusual treatment on return to Georgia, warranting rejection of the refugee protection claim under sections 96 and 97 of IRPA.

Court Disposition

Claim rejected — not a Convention refugee and not a person in need of protection; removal to Georgia not barred.

Orders

  • Claim rejected pursuant to sections 96 and 97 of the Immigration and Refugee Protection Act (IRPA)
  • No protection granted; removal to Georgia permitted