TB1-19927

TB1-19927

The claimants' testimony was found not credible on cumulative grounds—material inconsistencies, implausibilities (including lack of expected summonses or family reprisals and ability to exit on passports despite alleged PSB interest), and failure to produce or seek corroborating documents despite instructions and counsel—therefore they failed to meet their burden to establish a serious possibility of persecution and are neither Convention refugees nor persons in need of protection.

Citation
TB1-19927
Parties
Principal Claimant: XXXX XXXX XXX; Secondary Claimant: XXXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
1 October 2013
Procedural Posture
Refugee Protection Claim / Decision (refugee Protection Division)
Outcome
Claims rejected; claimants are neither Convention refugees nor persons in need of protection.
Legal Topics
Credibility, Persecution, Corroboration of Evidence, Burden of Proof, Falun Gong, Exit and Entry Controls
Source Language
English
Immigration Refugee Law Administrative Law Credibility Persecution Corroboration of Evidence Burden of Proof Falun Gong +1 more

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Parties

XXXX XXXX XXX

Principal Claimant

XXXXX XXXX

Secondary Claimant

Procedural Posture

Refugee Protection Claim / Decision (refugee Protection Division)

Legal Issues

  1. 1 Whether the claimants credibly practiced Falun Gong in China
  2. 2 Whether the Public Security Bureau pursued the claimants for Falun Gong activities
  3. 3 Whether the claimants provided sufficient corroborating documentation as required by Rule 7

Ratio Decidendi

The claimants' testimony was found not credible on cumulative grounds—material inconsistencies, implausibilities (including lack of expected summonses or family reprisals and ability to exit on passports despite alleged PSB interest), and failure to produce or seek corroborating documents despite instructions and counsel—therefore they failed to meet their burden to establish a serious possibility of persecution and are neither Convention refugees nor persons in need of protection.

Court Disposition

Claims rejected; claimants are neither Convention refugees nor persons in need of protection.

Orders

  • Refugee Protection Division rejects the claims and dismisses the refugee protection applications.