TA6-00914

TA6-00914

The claimant's story was found not credible and implausible—principally because the Public Security Bureau's alleged conduct (excluding the claimant's wife from arrest) was implausible without proof of exclusive ownership and the claimant offered no convincing explanation or corroborating evidence—therefore he did not establish he was a Convention refugee or a person in need of protection.

Citation
TA6-00914
Parties
Claimant: XXXXX XXXXX XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
26 March 2007
Procedural Posture
Refugee Protection Claim (refugee Protection Division) / Decision (refugee Protection Division)
Outcome
Claim rejected: claimant is neither a Convention refugee nor a person in need of protection.
Legal Topics
Convention Refugee, Person in Need of Protection, Political Opinion, Imputed Political Opinion, Credibility, Persecution, Risk of Torture/cruel and Unusual Treatment
Source Language
English
Immigration Refugee Law Human Rights Convention Refugee Person in Need of Protection Political Opinion Imputed Political Opinion Credibility +2 more

Case Brief

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Parties

XXXXX XXXXX XXXXX

Claimant

Procedural Posture

Refugee Protection Claim (refugee Protection Division) / Decision (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 claimant has established a well‑founded fear based on (imputed) political opinion as a Falun Gong practitioner or harbourer

Ratio Decidendi

The claimant's story was found not credible and implausible—principally because the Public Security Bureau's alleged conduct (excluding the claimant's wife from arrest) was implausible without proof of exclusive ownership and the claimant offered no convincing explanation or corroborating evidence—therefore he did not establish he was a Convention refugee or a person in need of protection.

Court Disposition

Claim rejected: claimant is neither a Convention refugee nor a person in need of protection.

Orders

  • Refugee Protection Division dismisses the claimant's refugee protection claim