Identity and the Refugee Claim

Identity -basic personal identity -is of paramount importance in refugee claims (and indeed, the entire immigration system). Section 106 of the IRPA requires the IRB to take into account whether the claimant possesses acceptable documentation establishing identity: Credibility 106 The Refugee Protection Division must take into account, with respect to the credibility of a claimant, whether the claimant possesses acceptable documentation establishing identity, and if not, whether they have provided a reasonable explanation for the lack of documentation or have taken reasonable steps to obtain the documentation. Certain claim profile present challenges in terms of providing identity documents. Refugee claimants from Somalia usually have to present alternative forms of identification and identity verification since passports and driver's licenses are difficult to obtain. If identity is in question, the Minister (CBSA) can intervene. Rule 29 of the RPD sets out the following: Notice of intention to intervene 29 (1) To intervene in a claim, the Minister must provide (a) to the claimant, a copy of a notice of the Minister’s intention to intervene; and (b) to the Division, the original of the notice, together with a written statement indicating how and when a copy was provided to the claimant. Contents of... Read more →