TA7-10093

TA7-10093

The claimant's allegations that he attended a raided underground church and is wanted by the PSB are not credible given significant inconsistencies and omissions in his PIF and testimony and the absence of corroborating country evidence of persecution of lay Christians in Fujian; on the balance of probabilities there is no serious possibility of persecution on return, so the claim is rejected.

Citation
TA7-10093
Parties
Claimant: XXXXX XXXXX XXXXX; Designated Representative: Connie Nakatsu; Tribunal Officer: B. Roberts; Presiding Member: L. S. Hart; Counsel for the Minister: N/A
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
18 November 2009
Procedural Posture
Refugee Protection Claim Under Immigration and Refugee Protection Act / Hearing and Decision (determination)
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, Persecution, Credibility Findings, Country Conditions
Source Language
English
Immigration Law Refugee Law Human Rights Law Freedom of Religion Convention Refugee Person in Need of Protection Persecution Credibility Findings +1 more

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Parties

XXXXX XXXXX XXXXX

Claimant

Connie Nakatsu

Designated Representative

B. Roberts

Tribunal Officer

L. S. Hart

Presiding Member

N/A

Counsel for the Minister

Procedural Posture

Refugee Protection Claim Under Immigration and Refugee Protection Act / Hearing and Decision (determination)

Legal Issues

  1. 1 Whether the claimant attended an underground/house church that was raided
  2. 2 Whether the claimant is wanted by the Public Security Bureau for religious activities
  3. 3 Whether the claimant faces a serious possibility of persecution on return to Fujian province for practicing Christianity

Ratio Decidendi

The claimant's allegations that he attended a raided underground church and is wanted by the PSB are not credible given significant inconsistencies and omissions in his PIF and testimony and the absence of corroborating country evidence of persecution of lay Christians in Fujian; on the balance of probabilities there is no serious possibility of persecution on return, so the claim is rejected.

Court Disposition

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