TB6-15774

TB6-15774

The panel rejected the claims because the principal claimant's overall credibility was impeached by (1) a fabricated summons and unreliable supporting documents, (2) an implausible explanation for absence of passports and ability to exit China while allegedly wanted by the PSB given documentary evidence about Chinese exit controls, and (3) failure to demonstrate basic knowledge and sustained commitment to Falun Gong; those findings defeat the requisite proof of a serious possibility of persecution or personal risk under s.97(1) IRPA, so the claims are rejected.

Citation
TB6-15774
Parties
Principal Claimant: Ms. XXXX XXXX; Male Claimant: Mr. XXXX XXXX; Associate Claimant: Mr. XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
5 March 2018
Procedural Posture
Refugee Protection Claim Under IRPA / Hearing and Decision Issued
Outcome
Claims rejected; claimants are not Convention refugees or persons in need of protection
Legal Topics
Convention Refugee Determination, Credibility Assessment, Country Conditions China, Sur Place Claims, False Document Impeachment
Source Language
English
Immigration Refugee Law Administrative Law Convention Refugee Determination Credibility Assessment Country Conditions China Sur Place Claims False Document Impeachment

Case Brief

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Parties

Ms. XXXX XXXX

Principal Claimant

Mr. XXXX XXXX

Male Claimant

Mr. XXXX XXXX

Associate Claimant

Procedural Posture

Refugee Protection Claim Under IRPA / Hearing and Decision Issued

Legal Issues

  1. 1 Whether claimants established a serious possibility of persecution on a Convention ground
  2. 2 Whether claimants satisfied the balance of probabilities standard for personal risk under s.97(1) IRPA
  3. 3 Whether the principal claimant genuinely practised Falun Gong

Ratio Decidendi

The panel rejected the claims because the principal claimant's overall credibility was impeached by (1) a fabricated summons and unreliable supporting documents, (2) an implausible explanation for absence of passports and ability to exit China while allegedly wanted by the PSB given documentary evidence about Chinese exit controls, and (3) failure to demonstrate basic knowledge and sustained commitment to Falun Gong; those findings defeat the requisite proof of a serious possibility of persecution or personal risk under s.97(1) IRPA, so the claims are rejected.

Court Disposition

Claims rejected; claimants are not Convention refugees or persons in need of protection

Orders

  • The claims of Ms. XXXX XXXX, Mr. XXXX XXXX and Mr. XXXX XXXX are rejected
  • No credible basis established under section 96 or subsection 97(1) of IRPA