TA5-07256

The panel rejected the claimant's evidence as not credible—he failed to demonstrate Falun Gong practice and provided implausible and inconsistent evidence about distributing flyers—therefore he lacks a well-founded fear of persecution and is not a Convention refugee nor a person in need of protection.

Citation: TA5-07256
Parties: Claimant: XXXXX XXXXX XXXXX; Refugee Protection Officer: K. Fainbloom; Member: Diane L. Tinker
Court: Refugee Protection Division
Jurisdiction: Canada
Judgment Date: 25 May 2006
Procedural Posture: Refugee Protection Claim (convention Refugee and Person in Need of Protection) / Decision After Hearing
Outcome: Claim rejected; claimant found to be neither a Convention refugee nor a person in need of protection.
Legal Topics: Credibility, Political Opinion, Freedom of Association, Persecution, Torture, Convention Refugee, Person in Need of Protection
Source Language: English

Immigration Refugee Law Administrative Law Credibility Political Opinion Freedom of Association Persecution Torture +2 more

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Parties

XXXXX XXXXX XXXXX

Claimant

K. Fainbloom

Refugee Protection Officer

Diane L. Tinker

Member

Procedural Posture

Refugee Protection Claim (convention Refugee and Person in Need of Protection) / Decision After Hearing

Legal Issues

1 Whether the claimant is a Convention refugee
2 Whether the claimant is a person in need of protection
3 Whether the claimant is a Falun Gong practitioner

Ratio Decidendi

Court Disposition

Claim rejected; claimant found to be neither a Convention refugee nor a person in need of protection.

Orders

Refugee Protection Division rejects the claim