TA8-00869

TA8-00869

Because the panel accepted the claimant as a genuine Christian but found his allegations of raids, arrests and repeated police interest not credible based on material omissions in the PIF and country documentation showing no persuasive evidence of persecution in his province for groups of his size, the claimant failed to prove a serious possibility of persecution and the claim is rejected.

Citation
TA8-00869
Parties
Claimant: XXXXX XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
5 July 2010
Procedural Posture
Refugee Protection Division Convention Refugee Claim Under IRPA / Hearing With Oral Negative Decision; Written Reasons Rendered
Outcome
Claim rejected; claimant is neither a Convention refugee nor a person in need of protection.
Legal Topics
Convention Refugee, Credibility Findings, Country of Origin Information, Religious Persecution, Personal Information Form Omissions
Source Language
English
Immigration Refugee Law Administrative Law Human Rights Freedom of Religion Convention Refugee Credibility Findings Country of Origin Information +2 more

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Parties

XXXXX XXXXX

Claimant

Procedural Posture

Refugee Protection Division Convention Refugee Claim Under IRPA / Hearing With Oral Negative Decision; Written Reasons Rendered

Legal Issues

  1. 1 Whether the claimant meets the definition of a Convention refugee
  2. 2 Whether the claimant's testimony and omissions in the PIF undermine credibility
  3. 3 Whether the claimant would be personally persecuted for religion in his province in China

Ratio Decidendi

Because the panel accepted the claimant as a genuine Christian but found his allegations of raids, arrests and repeated police interest not credible based on material omissions in the PIF and country documentation showing no persuasive evidence of persecution in his province for groups of his size, the claimant failed to prove a serious possibility of persecution and the claim is rejected.

Court Disposition

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