Immigration and Refugee Protection Regulations

Marginal note:Identity not established

• 247 (1) For the purposes of paragraph 244(c), the factors are the following:

  • (a) the foreign national’s cooperation in providing evidence of their identity, or assisting the Department in obtaining evidence of their identity, in providing the date and place of their birth as well as the names of their mother and father or providing detailed information on the itinerary they followed in travelling to Canada or in completing an application for a travel document;

  • (b) in the case of a foreign national who makes a claim for refugee protection, the possibility of obtaining identity documents or information without divulging personal information to government officials of their country of nationality or, if there is no country of nationality, their country of former habitual residence;

  • (c) the destruction of identity or travel documents, or the use of fraudulent documents in order to mislead the Department, and the circumstances under which the foreign national acted;

  • (d) the provision of contradictory information with respect to identity at the time of an application to the Department; and

  • (e) the existence of documents that contradict information provided by the foreign national with respect to their identity.

• Marginal note:Non-application to minors

  (2) Consideration of the factors set out in paragraph (1)(a) shall not have an adverse impact with respect to minor children referred to in section 249.