TA8-24709

TA8-24709

The claimant's testimony and written narrative were found not credible on multiple cumulative inconsistencies; country evidence indicates fines/social compensation fees rather than forced sterilization in Fujian; therefore the claimant failed to establish a well-founded fear of persecution or a personal risk of torture, cruel and unusual treatment or death on return and the refugee claim is rejected.

Citation
TA8-24709
Parties
Claimant: XXXXX XXXXX XXXXX; Claimant's Counsel: VANIA CAMPANA; Respondent/minister: Minister of Citizenship and Immigration; Tribunal Panel Member: C. BUTTIGIEG
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
19 May 2010
Procedural Posture
Refugee Protection (irpa) / Hearing and Decision (merits)
Outcome
Claim rejected
Legal Topics
Credibility, Convention Refugee Determination, Protection Claim Under Ss.96 and 97 IRPA, Forced Sterilization, Household Registration (hukou), One Child Policy, Gender Related Persecution, Law of General Application
Source Language
English
Refugee Law Immigration Law Human Rights Administrative Law Family Planning Law Religious Freedom Credibility Convention Refugee Determination +6 more

Case Brief

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Parties

XXXXX XXXXX XXXXX

Claimant

VANIA CAMPANA

Claimant's Counsel

Minister of Citizenship and Immigration

Respondent/minister

C. BUTTIGIEG

Tribunal Panel Member

Procedural Posture

Refugee Protection (irpa) / Hearing and Decision (merits)

Legal Issues

  1. 1 Whether the claimant is credible about membership in an underground church and pursuit by Public Security Bureau (PSB)
  2. 2 Whether the claimant faces a well-founded fear of persecution for a Convention ground (religion)
  3. 3 Whether the claimant faces a real risk of forced sterilization or other cruel and unusual treatment or torture due to birth of an out-of-plan child

Ratio Decidendi

The claimant's testimony and written narrative were found not credible on multiple cumulative inconsistencies; country evidence indicates fines/social compensation fees rather than forced sterilization in Fujian; therefore the claimant failed to establish a well-founded fear of persecution or a personal risk of torture, cruel and unusual treatment or death on return and the refugee claim is rejected.

Court Disposition

Claim rejected

Orders

  • Claim rejected