TB6-01083

TB6-01083

The panel found the claimant provided inconsistent and uncorroborated evidence about employment, residence and the issuance of primary identity documents, rendering those documents and her testimony not credible or probative; accordingly the claimant failed to establish her identity on a balance of probabilities and the refugee claim was rejected.

Citation
TB6-01083
Parties
Claimant: XXXX XXXX XXXX (aka XXXX XXXX XXXX); Respondent: Minister (Respondent)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
21 April 2016
Procedural Posture
Refugee Protection Claim (irpa Sections 96 and 97) / Hearing and Decision
Outcome
Claim rejected — claimant is not a Convention refugee nor a person in need of protection; no credible basis for the claim under section 107(2) IRPA.
Legal Topics
Identity, Credibility, Convention Refugee, Person in Need of Protection, Burden of Proof Under Section 106 IRPA, Credible Basis Under Section 107(2) IRPA
Source Language
English
Immigration Refugee Law Administrative Law Identity Credibility Convention Refugee Person in Need of Protection Burden of Proof Under Section 106 IRPA +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

XXXX XXXX XXXX (aka XXXX XXXX XXXX)

Claimant

Minister (Respondent)

Respondent

Procedural Posture

Refugee Protection Claim (irpa Sections 96 and 97) / Hearing and Decision

Legal Issues

  1. 1 Whether the claimant's identity was established on a balance of probabilities
  2. 2 Whether the claimant was a credible witness regarding identity and document provenance
  3. 3 Whether primary identity documents were authentic and probative

Ratio Decidendi

The panel found the claimant provided inconsistent and uncorroborated evidence about employment, residence and the issuance of primary identity documents, rendering those documents and her testimony not credible or probative; accordingly the claimant failed to establish her identity on a balance of probabilities and the refugee claim was rejected.

Court Disposition

Claim rejected — claimant is not a Convention refugee nor a person in need of protection; no credible basis for the claim under section 107(2) IRPA.

Orders

  • Claim rejected — not a Convention refugee or a person in need of protection
  • Panel finds no credible basis for the claim under section 107(2) IRPA