Timeline for Is it illegal in any western jurisdiction to hold a fraudulently obtained but legitimately issued passport of another country?
Current License: CC BY-SA 4.0
22 events
| when toggle format | what | by | license | comment | |
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| Sep 15, 2020 at 3:40 | vote | accept | CommunityBot | ||
| Aug 21, 2020 at 18:06 | comment | added | fraxinus | I think a distinction has to be made between a fraudulently obtained status of citizenship and the document itself having issues. | |
| Aug 21, 2020 at 5:10 | comment | added | Criggie | This is probably closely related to law.stackexchange.com/q/49103/11011 where its all about intent. If you are a collector then that's a different intention than storing it to possibly use it in the future. Regardless, passports are owned by the issuing authority who could demand its return at any time. | |
| Aug 21, 2020 at 4:26 | comment | added | user28517 | @Criggie holding it. Using a fraudulent document is almost always illegal in most jurisdictions, theres no question to be asked there. In the linked Travel SE question, the passport was used, but I'm not asking about that (and someone else edited that into my question - I left it out because it risks raises questions like your one). | |
| Aug 21, 2020 at 4:23 | comment | added | Criggie | Clarify please. Your title asks about "holding" a passport, but your example is using that bad passport to apply for a visa. So is question about possession of this passport or making use of it in an official capacity ? | |
| Aug 20, 2020 at 11:39 | comment | added | Chronocidal | Surely in this case, despite being issued by a legitimate authority, the passport itself was not legitimately issued, by dint of the initial fraud? | |
| Aug 19, 2020 at 23:26 | comment | added | user28517 | @JBH your last comment makes more sense with regard to the exact situation at hand than either your earlier comment does or deleted comment did - this is about the legality of obtaining the passport from a legitimate third party country while in a given territory. The act of it crossing the border is certainly what Im looking here, my comment above was more about your assertion that the situation Im describing couldnt happen without an immigration violation already have happened. Im happy with the argument in your latest comment. | |
| Aug 19, 2020 at 23:25 | history | edited | user4657 | CC BY-SA 4.0 |
Added background information.
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| Aug 19, 2020 at 23:14 | comment | added | JBH | @Moo I see your point, but I also think it's somewhat wrong. From the U.S. perspective, a legal document identifying nationality and presenting personal credentials crossed the border into U.S. territory, where it immediately falls under Title 18. Just because the individual isn't holding it on his/her person when it crossed the border is moot. It would be confiscated, if found and discovered to be fraudulently obtained, on the spot. What happens next is the real question. IMO the worst-case sentence would be extradition to China. | |
| Aug 19, 2020 at 23:03 | comment | added | user28517 | @JBH in the case in question, a Canadian citizen (holding a Canadian passport) applied for and received a Chinese passport using false details while in Canada. So in the exact case in question yes they can do the "former" without having done the "latter" in your example. | |
| Aug 19, 2020 at 22:33 | comment | added | JBH | I'm not an attorney, but I believe that in the U.S., Title 18 chapter 47 would make that illegal because by obtaining a visa to enter the U.S. using a passport that had been authoritatively issued (not legitimately) but fraudulently obtained (which is why it wasn't legitimately issued) you would be intrinsically providing false or fraudulent information to the U.S. upon entry. Frankly, I suspect every country would successfully prosecute against an authoritatively issued but fraudulently obtained passport regardless the issuing country. | |
| Aug 19, 2020 at 21:20 | answer | added | K-HB | timeline score: 9 | |
| S Aug 19, 2020 at 20:29 | history | suggested | deep64blue | CC BY-SA 4.0 |
Clarified some confuding wording.
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| Aug 19, 2020 at 20:28 | review | Suggested edits | |||
| S Aug 19, 2020 at 20:29 | |||||
| Aug 19, 2020 at 19:31 | history | became hot network question | |||
| Aug 19, 2020 at 19:20 | answer | added | Trish | timeline score: 5 | |
| Aug 19, 2020 at 15:02 | answer | added | Matthew | timeline score: 4 | |
| Aug 19, 2020 at 14:03 | answer | added | Lag | timeline score: 16 | |
| Aug 19, 2020 at 2:43 | comment | added | user28517 | @RyanM obtaining and possessing it - using it definitely has negative legal connotations. This is related to a question over on the Travel SE. | |
| Aug 19, 2020 at 2:41 | comment | added | Ryan M | Just possesses it? Without using or intending to use it as an identification document for any purpose? | |
| Aug 19, 2020 at 1:11 | comment | added | Nate Eldredge | Even if it is not against the laws of Country A to hold a fraudulently obtained passport of Country B, it is still entirely possible that the justice system of A will cooperate in helping the B authorities investigate and/or apprehend the perpetrator. | |
| Aug 19, 2020 at 1:01 | history | asked | user28517 | CC BY-SA 4.0 |