TB8-10631

TB8-10631

On the balance of probabilities the Minister established that the applicant misrepresented and withheld material facts about identity, place of birth, place of residence, immigration status in Switzerland and prior asylum claims; those misrepresentations were material to the original decision and would have led the original panel to find the applicant not credible and fail to establish identity and the requisite risk, therefore the vacation application is granted under s.109(1).

Citation
TB8-10631
Parties
Protected Person: XXXX XXXX XXXXXXXX XXXX XXXXXXXX XXXX XXXXXXXX XXXX; Counsel for Protected Person: Raoul Boulakia; Designated Representative: XXXX XXXX; Counsel for the Minister: G. Whitelock
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
21 August 2019
Procedural Posture
Immigration and Refugee Protection Application to Vacate / Hearing and Decision (application to Vacate Under S.109)
Outcome
Application to vacate granted; original decision conferring refugee protection vacated and claims deemed rejected.
Legal Topics
Misrepresentation, Identity and Nationality, Vacation of Refugee Protection, Credibility Assessment, Article 1(e) Exclusion
Source Language
English
Immigration Law Refugee Law Administrative Law Misrepresentation Identity and Nationality Vacation of Refugee Protection Credibility Assessment Article 1(e) Exclusion

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Parties

XXXX XXXX XXXXXXXX XXXX XXXXXXXX XXXX XXXXXXXX XXXX

Protected Person

Raoul Boulakia

Counsel for Protected Person

XXXX XXXX

Designated Representative

G. Whitelock

Counsel for the Minister

Procedural Posture

Immigration and Refugee Protection Application to Vacate / Hearing and Decision (application to Vacate Under S.109)

Legal Issues

  1. 1 Whether the protected person misrepresented or withheld material facts when making refugee claims
  2. 2 Whether the misrepresentations were material to the original refugee determination under IRPA s.109(1)
  3. 3 Whether other sufficient evidence existed under IRPA s.109(2) to sustain the original grant of refugee protection

Ratio Decidendi

On the balance of probabilities the Minister established that the applicant misrepresented and withheld material facts about identity, place of birth, place of residence, immigration status in Switzerland and prior asylum claims; those misrepresentations were material to the original decision and would have led the original panel to find the applicant not credible and fail to establish identity and the requisite risk, therefore the vacation application is granted under s.109(1).

Court Disposition

Application to vacate granted; original decision conferring refugee protection vacated and claims deemed rejected.

Orders

  • Vacation application granted
  • The claims for refugee protection are deemed to be rejected