Docket: IMM-6052-19
Citation: 2020 FC 834
Ottawa, Ontario, August 19, 2020
PRESENT: The Honourable Mr. Justice Shore
| BETWEEN:
|
| NIZAMUL ISLAM KHAN
|
| Applicant
|
| and
|
| THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
|
| Respondent
|
JUDGMENT AND REASONS
[1]
The Applicant fled his country of origin, claiming refugee protection in Canada. He alleged persecution on the basis of religion and beliefs unlike those he held.
[2]
The Refugee Protection Division [RPD] dismissed the Applicant’s claim on the basis of lack of credible evidence in respect to the establishment of his identity.
[3]
The Applicant disputes the finding in respect of lack of credibility in regard to his identity.
[4]
The Court finds the decision of the RPD reasonable on the basis of significant detailed evidentiary findings as to the documents which the Applicant submitted.
[5]
The RPD concluded with reason that the identity documents did not establish identity which is of pivotal importance to a refugee claim (reference is made to paragraph 14 of a recent judgment of Justice Norris, Omaboe v Canada (Citizenship and Immigration), 2019 FC 1135).
[6]
Although the Applicant’s 2003 passport appeared to be authentic, the documents, upon which the Applicant relied, were considered in a detailed analysis by the Canada Border Services Agency [CBSA] to demonstrate serious anomalies.
[7]
It was determined by the RPD that the new passport of the Applicant was based on information from an altered identity document.
[8]
In addition, the Applicant’s birth certificate had also been found to have important discrepancies and notable signs of authenticity were significantly absent.
[9]
In reading the RPD decision as a whole in context, the Court concludes subsequent to an analysis of the file, that all of the identity documents of the Applicant had been considered. As a result, probative value of the Applicant’s identity documents was not given to the documentary evidence.
[10]
The testimony in respect of the identity documents and the analysis by the CBSA have convinced the Court that the findings of the RPD are reasonable due to a lack of trustworthy evidence by the Applicant to the contrary.
[11]
The RPD rendered a reasonable decision in light of the entirety of the evidence on file. The application for judicial review is therefore dismissed. There is no question of general importance for certification.
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