Refugee Caselaw Site
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Q.False documents
By beker (Wien, Neidosterrich, Austria) On Mar 12, 2012 Public
Asylum Country : Austria,
Description : My client applied for asylum based on political opinion. He submitted Evidence ,1- A Statement from the president of his his political party confirming his persecution, 2-a party membership ID, 3-an appointment letter to the position he held in the party, 4-A notoriety Affidavit from his party member confirming his arrest,5- a Death certificate of his brother ,6 - a Court bail and a police bond letter. After an investigation in his home country the results came out with an allegation that two of his documents where forged that was the police bond and the court bail. For the police bond the statement reads that the "on checking the case file the number belonged to another case their for it is forged" and for the court bail it stated that " the court has no jurisdiction their for it is forged" Their was no information about the investigator and how the investigation was conducted ,if he had any interactions with the authorities which issued the documents. Can you please advise ?

Replied By Palmer (Ann Arbor, Michigan United States) On May 21, 2012

False documents could generally lead to a negative credibility finding or suggest that the applicant does not have a well-founded fear of persecution. Please see U466/11 v High Court for Asylum and U3428/09 v High Court for Asylum, two Austrian cases relating to the impact of fraud by the applicant and credibility in relation to the establishment of well-founded fear. http://www.refugeecaselaw.org/redirectpdf.aspx?caseid=1771 http://www.refugeecaselaw.org/redirectpdf.aspx?caseid=2101

Replied By Lalit (Tempe, Arizona United States) On Jul 4, 2012

Hi This is a good case

Assigned Cases

1.

U3428/09 v High Court for Asylum

Date Decided : Apr 27, 2010 Court : Constitutional Court
Jurisdiction : Austria Country of Origin : Cameroon
Hathaway Number(s) : 3.0, 3.1, 3.1.3, 3.1.4, 3.2, 3.2.1, 3.2.3, 3.2.4, 3.2.5, 4.2, 4.3, 5.4 Site Name :
Description : Wife of labor unionist was twice arrested, raped and ill-treated during public protests organized by opposition SDF party against food and fuel prices.

2.

U466/11 v High Court for Asylum

Date Decided : Mar 14, 2012 Court : Constitutional Court
Jurisdiction : Austria Country of Origin : China
Hathaway Number(s) : 3.2, 3.2.2 Site Name :
Description : The decision concerned two cases of Chinese applicants, one of them alleged that he had been beaten by police officers, the other one alleged that he owed money to someone and feared imprisonment; claimants' credibility at issue.
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