TA9-10970

TA9-10970

The panel found the claimant not credible on key elements (religious practice, PSB pursuit, and academic claims), concluded the PSB summons and other documents were likely fabricated and the student visa obtained by misrepresentation, and determined there is no serious possibility of persecution in Fujian for an ordinary lay Catholic; therefore the claimant is neither a Convention refugee nor a person in need of protection.

Citation
TA9-10970
Parties
Claimant: XXXXXXXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
23 November 2011
Procedural Posture
Refugee Protection Claim Under IRPA / RPD Hearing and Decision
Outcome
Claim rejected; claimant found not to be a Convention refugee nor a person in need of protection
Legal Topics
Convention Refugee, Person in Need of Protection, Credibility Assessment, Sur Place, Student Visa Fraud, Documentary Evidence, Summons Authenticity, Religious Practice, China Fujian
Source Language
English
Refugee Law Immigration Administrative Law Religious Freedom Convention Refugee Person in Need of Protection Credibility Assessment Sur Place +5 more

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Parties

XXXXXXXXXX

Claimant

Procedural Posture

Refugee Protection Claim Under IRPA / RPD Hearing and Decision

Legal Issues

  1. 1 Credibility of claimant's PIF and oral testimony
  2. 2 Authenticity of PSB summons evidence
  3. 3 Whether claimant was a genuine practicing Catholic in China or Canada (sur place)

Ratio Decidendi

The panel found the claimant not credible on key elements (religious practice, PSB pursuit, and academic claims), concluded the PSB summons and other documents were likely fabricated and the student visa obtained by misrepresentation, and determined there is no serious possibility of persecution in Fujian for an ordinary lay Catholic; therefore the claimant is neither a Convention refugee nor a person in need of protection.

Court Disposition

Claim rejected; claimant found not to be a Convention refugee nor a person in need of protection