TA6-09860

TA6-09860

The claim was rejected because the panel found the claimant's evidence not credible due to multiple inconsistencies and implausibilities between his airport statement, PIF and oral testimony, and on that basis concluded there is no serious possibility he would be persecuted or subjected to torture if returned to China.

Citation
TA6-09860
Parties
Claimant: XXXXX XXXXX XXXXX; Refugee Protection Officer: M. Sack; Panel Member: Ken Atkinson
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
26 October 2007
Procedural Posture
Refugee Protection Claim (convention Refugee and Person in Need of Protection) / Hearing and Determination by Refugee Protection Division
Outcome
Claim rejected; claimant found neither a Convention refugee nor a person in need of protection
Legal Topics
Convention Refugee, Person in Need of Protection, Credibility Assessment, Persecution, Political Opinion (falun Gong)
Source Language
English
Immigration Refugee Law Administrative Law Convention Refugee Person in Need of Protection Credibility Assessment Persecution Political Opinion (falun Gong)

Case Brief

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Parties

XXXXX XXXXX XXXXX

Claimant

M. Sack

Refugee Protection Officer

Ken Atkinson

Panel Member

Procedural Posture

Refugee Protection Claim (convention Refugee and Person in Need of Protection) / Hearing and Determination by Refugee Protection Division

Legal Issues

  1. 1 Whether claimant is a Convention refugee
  2. 2 Whether claimant is a person in need of protection
  3. 3 Whether the claimant's account is credible

Ratio Decidendi

The claim was rejected because the panel found the claimant's evidence not credible due to multiple inconsistencies and implausibilities between his airport statement, PIF and oral testimony, and on that basis concluded there is no serious possibility he would be persecuted or subjected to torture if returned to China.

Court Disposition

Claim rejected; claimant found neither a Convention refugee nor a person in need of protection

Orders

  • Claim rejected — not a Convention refugee or person in need of protection