TA6-07889

The panel rejected the claimant's credibility due to material inconsistencies between his testimony and his corroborating letter and the implausibility of his account of leaving China on a genuine passport while allegedly wanted; accordingly there is no serious possibility of persecution or torture and the claim is dismissed.

Citation: TA6-07889
Parties: Claimant: XXXXX XXXXX; Counsel for the Claimant: Jacqueline Lewis
Court: Refugee Protection Division
Jurisdiction: Canada
Judgment Date: 13 August 2007
Procedural Posture: Refugee Protection Claim (refugee Protection Division) / Decision Following Hearing
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, Credibility, Religious Persecution, Exit Controls
Source Language: English

Immigration Refugee Law Administrative Law Convention Refugee Person in Need of Protection Credibility Religious Persecution Exit Controls

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Parties

XXXXX XXXXX

Claimant

Jacqueline Lewis

Counsel for the Claimant

Procedural Posture

Refugee Protection Claim (refugee Protection Division) / Decision Following Hearing

Legal Issues

1 Whether the claimant is a Convention refugee
2 Whether the claimant is a person in need of protection
3 Credibility of claimant's alleged membership in an underground Christian church

Ratio Decidendi

Court Disposition

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

Orders

Refugee Protection Division rejects the claim; the claimant is neither a Convention refugee nor a person in need of protection.