TA7-14701

TA7-14701

The Tribunal rejected the claimant's core factual assertions as not credible on the balance of probabilities: the claimant did not prove she sent Falun Gong materials to China, the PSB is not searching for her, and there is no serious possibility of persecution on return; accordingly the claim fails under ss.96 and 97(1)(a) and (b) IRPA.

Citation
TA7-14701
Parties
Claimant: XXXXX XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
30 April 2009
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision Following Hearing
Outcome
Claim dismissed; claimant found to be neither a Convention refugee nor a person in need of protection.
Legal Topics
Convention Refugee, Person in Need of Protection, Persecution of Family Members, Political Opinion, Visa Expiry, Student Status, Credibility, Omissions in Personal Information Form, Right to Return, Falun Gong, China
Source Language
English
Refugee Law Immigration Law Human Rights Law Convention Refugee Person in Need of Protection Persecution of Family Members Political Opinion Visa Expiry +6 more

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Parties

XXXXX XXXXX

Claimant

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision Following Hearing

Legal Issues

  1. 1 Did the claimant send Falun Gong materials to China?
  2. 2 Is the claimant wanted by the Public Security Bureau (PSB) in China?
  3. 3 Is the claimant credible on key factual assertions?

Ratio Decidendi

The Tribunal rejected the claimant's core factual assertions as not credible on the balance of probabilities: the claimant did not prove she sent Falun Gong materials to China, the PSB is not searching for her, and there is no serious possibility of persecution on return; accordingly the claim fails under ss.96 and 97(1)(a) and (b) IRPA.

Court Disposition

Claim dismissed; claimant found to be neither a Convention refugee nor a person in need of protection.

Orders

  • Refugee Protection Division rejects the claimant's claim