TA5-12478

TA5-12478

The panel concluded on a balance of probabilities that the principal claimant was not a credible and trustworthy witness due to multiple inconsistencies, implausibilities and material omissions and that supporting documentary evidence was not genuine; on that basis the claimants do not face a serious possibility of persecution or risk of torture or cruel and unusual treatment on return and therefore are neither Convention refugees nor persons in need of protection.

Citation
TA5-12478
Parties
Principal Claimant: XXXXXX XXXX; Dependent Minor Claimant: XXXX XXXX XXXX; Dependent Minor Claimant: XXX XXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
23 August 2006
Procedural Posture
Refugee Claim Convention Refugee and Person in Need of Protection / Decision of Refugee Protection Division Following Hearing
Outcome
Claim dismissed; claimants are NOT Convention refugees and NOT persons in need of protection.
Legal Topics
Convention Refugee, Person in Need of Protection, Credibility, Religious Belief Falun Gong, Harassment by State Authorities, Children, China, One Child Policy
Source Language
English
Immigration Refugee Law Administrative Law Convention Refugee Person in Need of Protection Credibility Religious Belief Falun Gong Harassment by State Authorities +3 more

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Parties

XXXXXX XXXX

Principal Claimant

XXXX XXXX XXXX

Dependent Minor Claimant

XXX XXX XXXX

Dependent Minor Claimant

Procedural Posture

Refugee Claim Convention Refugee and Person in Need of Protection / Decision of Refugee Protection Division Following Hearing

Legal Issues

  1. 1 Whether the claimants are Convention refugees
  2. 2 Whether the claimants are persons in need of protection
  3. 3 Whether the principal claimant is a credible witness

Ratio Decidendi

The panel concluded on a balance of probabilities that the principal claimant was not a credible and trustworthy witness due to multiple inconsistencies, implausibilities and material omissions and that supporting documentary evidence was not genuine; on that basis the claimants do not face a serious possibility of persecution or risk of torture or cruel and unusual treatment on return and therefore are neither Convention refugees nor persons in need of protection.

Court Disposition

Claim dismissed; claimants are NOT Convention refugees and NOT persons in need of protection.