TA5-10991

TA5-10991

Claim dismissed because the claimant's testimony was found not credible and lacked objective corroboration; therefore there are no substantial grounds to believe she faces persecution, risk to life, torture or cruel and unusual treatment on return, and she is not a Convention refugee nor a person in need of protection under ss.97(1)(a) and 97(1)(b) IRPA.

Citation
TA5-10991
Parties
Claimant: XXXXX XXXXX XXXXX; Member: Joan Cunningham; Refugee Protection Officer: N/A
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
28 June 2006
Procedural Posture
Refugee Protection Claim Under IRPA / Hearing and Decision
Outcome
Claim dismissed; claimant is not a Convention refugee and is not a person in need of protection.
Legal Topics
Convention Refugee, Particular Social Group, Political Opinion, One Child Policy, Gender Related Persecution, Credibility Findings, Risk to Life, Torture
Source Language
English
Immigration Law Refugee Law Human Rights Convention Refugee Particular Social Group Political Opinion One Child Policy Gender Related Persecution +3 more

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Parties

XXXXX XXXXX XXXXX

Claimant

Joan Cunningham

Member

N/A

Refugee Protection Officer

Procedural Posture

Refugee Protection Claim Under IRPA / Hearing and Decision

Legal Issues

  1. 1 Whether claimant is a Convention refugee based on perceived political opinion as a Falun Gong supporter
  2. 2 Whether claimant is a member of a particular social group (women affected by one-child policy) and faces persecution
  3. 3 Whether claimant faces risk to life, torture or cruel and unusual treatment on return

Ratio Decidendi

Claim dismissed because the claimant's testimony was found not credible and lacked objective corroboration; therefore there are no substantial grounds to believe she faces persecution, risk to life, torture or cruel and unusual treatment on return, and she is not a Convention refugee nor a person in need of protection under ss.97(1)(a) and 97(1)(b) IRPA.

Court Disposition

Claim dismissed; claimant is not a Convention refugee and is not a person in need of protection.

Orders

  • Claim rejected pursuant to Subsections 97(1)(a) and 97(1)(b) of the Immigration and Refugee Protection Act
  • No protection granted; removal to China not found to expose claimant personally to risk to life, torture or cruel or unusual treatment