Dokument #1330644
IRB – Immigration and Refugee Board of Canada (Autor)
According to section 30(3) of the Asylum
Procedure Act of 26 June 1992, an asylum application will be
considered "manifestly unfounded" if, among other reasons:
1. the statements produced by the alien, in major aspects, are either not substantiated or contradictory or where they obviously do not coincide with the facts or are based on forged or falsified evidence;
2. the alien misleads in the asylum procedure as to his identity or nationality or where he refuses to state his identity or nationality;
According to section 36(1) of the Asylum
Procedure Act,
In cases where the asylum application is irrelevant or manifestly unfounded, the alien shall be set a time-limit of one week in order to leave the country.
In a telephone interview with the Research
Directorate, the Third Secretary at the Embassy of the Federal
Republic of Germany in Ottawa stated that in cases involving asylum
claimants with false passports arriving by air, the standard
deportation procedure would be for them to be deported immediately
by the same carrier and often the same aeroplane (9 June 1999). In
cases involving asylum claimants with false passports arriving by
land, it would depend on where the claimant had arrived from,
assuming that that could be ascertained, leading to deportation to
either the country of origin or to the safe third country (if
applicable) (ibid.). The Research Directorate was unable to obtain
information as to whether such persons might be deported by train
and if so, whether they would be accompanied, within the time
constraints for this Response.
This Response was prepared after
researching publicly accessible information currently available to
the Research Directorate within time constraints. This Response is
not, and does not purport to be, conclusive as to the merit of any
particular claim to refugee status or asylum. Please find below the
list of additional sources consulted in researching this
Response.
References
Embassy of the Federal Republic of
Germany, Ottawa. 9 June 1999. Telephone interview with Third
Secretary.
Germany. 26 June 1992. Asylum
Procedure Act. (REFWORLD)
Additional Sources Consulted
Immigration and Nationality: Law and
Practice [London]. 1991-1999.
Inter-Governmental Consultations on
Asylum Refugee and Migration Policies in Europe, North America and
Australia. September 1997. Report on Asylum Procedures.
Geneva: IGC.
Electronic sources: IRB Databases,
Internet, REFWORLD, CISNET, RFE/RL, IOM Legislation Database,
WNC.
An oral source did not provide
information within the time constraints for this Response.