TB4-01340

TB4-01340

The admitted misrepresentations concealed matters that would have called into question the respondents' identity and overall credibility, and there was not sufficient other independent evidence before the original panel to justify the refugee decision; therefore the decision was obtained by misrepresentation and must be vacated under s.109 IRPA.

Citation
TB4-01340
Parties
Claimant/respondent: XXXX XXXX XX; Claimant/respondent: XXXXXX XXXX; Claimant/respondent: XXXXXXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
8 July 2014
Procedural Posture
Application to Vacate (s.109 Immigration and Refugee Protection Act) / Vacation Application Hearing; Decision on Application
Outcome
Application allowed; original RPD decision dated September 17, 2012 vacated and respondents' refugee claims deemed rejected.
Legal Topics
Vacating Refugee Status, Misrepresentation, Credibility, Identity Documentation, Convention Refugee Determination
Source Language
English
Immigration Law Refugee Law Administrative Law Vacating Refugee Status Misrepresentation Credibility Identity Documentation Convention Refugee Determination

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Parties

XXXX XXXX XX

Claimant/respondent

XXXXXX XXXX

Claimant/respondent

XXXXXXXX XXXX

Claimant/respondent

Procedural Posture

Application to Vacate (s.109 Immigration and Refugee Protection Act) / Vacation Application Hearing; Decision on Application

Legal Issues

  1. 1 Whether respondents withheld material facts/misrepresented identity and travel documents
  2. 2 Whether the misrepresentations were material to the original RPD decision and undermined credibility
  3. 3 Whether there was sufficient other evidence before the original panel to support the decision despite the misrepresentations

Ratio Decidendi

The admitted misrepresentations concealed matters that would have called into question the respondents' identity and overall credibility, and there was not sufficient other independent evidence before the original panel to justify the refugee decision; therefore the decision was obtained by misrepresentation and must be vacated under s.109 IRPA.

Court Disposition

Application allowed; original RPD decision dated September 17, 2012 vacated and respondents' refugee claims deemed rejected.

Orders

  • Minister's application allowed; respondents' claims for refugee protection deemed rejected; decision of the RPD dated September 17, 2012 nullified.