TA5-04011

Because the principal claimant was found not credible on a balance of probabilities due to omissions, inconsistencies, implausibilities and lack of corroboration, the presumption of truth was rebutted and the claimants do not face a serious possibility of persecution or risk of torture on return; therefore the claims fail.

Citation: TA5-04011
Parties: Claimant: XXXXX XXXXX XXXXX
Court: Refugee Protection Division
Jurisdiction: Canada
Judgment Date: 28 April 2006
Procedural Posture: Refugee Protection (convention Refugee and Person in Need of Protection) / Hearing and Decision by Refugee Protection Division (decision Dated 28 April 2006)
Outcome: Claims dismissed: claimants are not Convention refugees and are not persons in need of protection.
Legal Topics: Credibility, Persecution, Risk Assessment, Country Conditions, Religious Persecution (falun Gong)
Source Language: English

Immigration Refugee Law Administrative Law Credibility Persecution Risk Assessment Country Conditions Religious Persecution (falun Gong)

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Full judgment text Legal principles 7 Authorities cited 7 Party arguments 2 Amounts and remedies 3

Parties

XXXXX XXXXX XXXXX

Claimant

Procedural Posture

Refugee Protection (convention Refugee and Person in Need of Protection) / Hearing and Decision by Refugee Protection Division (decision Dated 28 April 2006)

Legal Issues

1 Whether the principal claimant is a credible Falun Gong practitioner
2 Whether claimants face a well‑founded fear of persecution on return to China
3 Whether claimants are persons in need of protection

Ratio Decidendi

Court Disposition

Claims dismissed: claimants are not Convention refugees and are not persons in need of protection.

Orders

Claimants' refugee protection claims dismissed
Written reasons issued by Steve Ellis on 28 April 2006