TB2-15557

TB2-15557

The respondent withheld material facts about his whereabouts and history (residence in the U.S. 1996–2004 and related omissions) that were relevant to the RPD's credibility assessment; had the RPD known these facts it would not have found the respondent credible on material matters including the alleged events of persecution and his claimed Tunni ethnicity, and the identity witness evidence did not sufficiently establish the critical additional facts; therefore the Convention refugee decision was obtained by misrepresentation and must be vacated.

Citation
TB2-15557
Parties
Respondent: XXXX XXXX XXXX; Applicant (minister): Minister of Citizenship and Immigration
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
18 March 2014
Procedural Posture
Application to Vacate Under Section 109 of the Immigration and Refugee Protection Act / Decision Following Hearing (vacation Application)
Outcome
Minister's application allowed; respondent's Convention refugee decision vacated and claim deemed rejected
Legal Topics
Misrepresentation, Vacation of Refugee Status, Credibility Assessment, Identity Evidence, Expedited Processing
Source Language
English
Immigration Law Refugee Law Administrative Law Misrepresentation Vacation of Refugee Status Credibility Assessment Identity Evidence Expedited Processing

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Parties

XXXX XXXX XXXX

Respondent

Minister of Citizenship and Immigration

Applicant (minister)

Procedural Posture

Application to Vacate Under Section 109 of the Immigration and Refugee Protection Act / Decision Following Hearing (vacation Application)

Legal Issues

  1. 1 Whether respondent misrepresented or withheld material facts relevant to the RPD decision
  2. 2 Whether the misrepresentations were material to a matter before the RPD such that the decision was obtained by misrepresentation
  3. 3 Whether there was sufficient other evidence considered by the RPD to justify the grant of refugee protection despite the misrepresentation

Ratio Decidendi

The respondent withheld material facts about his whereabouts and history (residence in the U.S. 1996–2004 and related omissions) that were relevant to the RPD's credibility assessment; had the RPD known these facts it would not have found the respondent credible on material matters including the alleged events of persecution and his claimed Tunni ethnicity, and the identity witness evidence did not sufficiently establish the critical additional facts; therefore the Convention refugee decision was obtained by misrepresentation and must be vacated.

Court Disposition

Minister's application allowed; respondent's Convention refugee decision vacated and claim deemed rejected

Orders

  • Respondent's Convention refugee status vacated
  • Decision of the Refugee Protection Division dated March 9, 2005 is nullified