TB1-00959

TB1-00959

Although the claimant was accepted as a Christian, the panel concluded on the balance of probabilities that there is no serious possibility she or her son would be persecuted on return because reliable country documentation shows Guangdong province has limited evidence of arrests of lay Christians and the claimant's account lacked expected corroboration; documentary evidence therefore rebutted the presumption of truth and undermined the claim, leading to rejection of both claims.

Citation
TB1-00959
Parties
Claimant: XXXXXXX; Minor Claimant (son): XXXXXXXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
26 September 2011
Procedural Posture
Refugee Protection Claim Under IRPA / Hearing and Decision (reasons and Decision)
Outcome
Both claims for refugee protection rejected; claimant is not a Convention refugee and not a person in need of protection; minor claimant's claim also rejected.
Legal Topics
Convention Refugee, Person in Need of Protection, Credibility Assessment, Country Documentation, House Church/religious Practice, Designation of Representative
Source Language
English
Refugee Protection Immigration Law Administrative Law Human Rights Law Freedom of Religion Country Conditions Convention Refugee Person in Need of Protection +4 more

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Parties

XXXXXXX

Claimant

XXXXXXXXXX

Minor Claimant (son)

Procedural Posture

Refugee Protection Claim Under IRPA / Hearing and Decision (reasons and Decision)

Legal Issues

  1. 1 Whether claimant faces a well‑founded fear of persecution for practising Christianity in an unregistered house church in Guangdong, China
  2. 2 Whether documentary and country evidence rebut claimant's testimony such that there is no serious possibility of persecution
  3. 3 Whether the minor claimant is entitled to protection relying on the claimant's evidence

Ratio Decidendi

Although the claimant was accepted as a Christian, the panel concluded on the balance of probabilities that there is no serious possibility she or her son would be persecuted on return because reliable country documentation shows Guangdong province has limited evidence of arrests of lay Christians and the claimant's account lacked expected corroboration; documentary evidence therefore rebutted the presumption of truth and undermined the claim, leading to rejection of both claims.

Court Disposition

Both claims for refugee protection rejected; claimant is not a Convention refugee and not a person in need of protection; minor claimant's claim also rejected.

Orders

  • Claimant's claim for refugee protection is rejected.
  • Minor claimant's claim for refugee protection is rejected.