The Immigration and Refugee Protection Act provides:
No credible basis
(2) If the Refugee Protection Division is of the opinion, in rejecting a claim, that there was no credible or trustworthy evidence on which it could have made a favourable decision, it shall state in its reasons for the decision that there is no credible basis for the claim.
107.1 If the Refugee Protection Division rejects a claim for refugee protection, it must state in its reasons for the decision that the claim is manifestly unfounded if it is of the opinion that the claim is clearly fraudulent.
A finding of “no credible basis” may only be made where there is no credible or trustworthy evidence on which the Refugee Protection Division could make a positive finding. It is a high threshold that limits an applicant’s subsequent procedural rights. Before determining that an applicant’s refugee claim has no credible basis, the Refugee Protection Division must look to the objective documentary evidence for any trustworthy or credible support for an Applicant’s claim.
As well, a lack of credibility is not the same as saying that a claim has no credible basis.