TB1-20694

TB1-20694

On the balance of probabilities the principal claimant was not credible and failed to establish her identity and nexus to persecution: absence of an authentic Resident Identity Card, inconsistencies and indicia of fraud in the hukou, a fraudulent chuanpiao, and failure to corroborate allegations led the panel to conclude the claimants are neither Convention refugees nor persons in need of protection.

Citation
TB1-20694
Parties
Principal Claimant: XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXXXXXX XXXX XXXX; Minor Claimant: XXXX XXXX XXXX; Designated Representative: XXXX XXXX XXXX; Counsel for the Minister: N/A; Adjudicator: Milton Israel
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
3 October 2017
Procedural Posture
Refugee Protection (irpa S.96 and S.97(1)) / Hearing and Final Decision
Outcome
Claims dismissed; claimants are neither Convention refugees nor persons in need of protection
Legal Topics
Credibility, Identity Documents, Country Conditions China, Persecution Falun Gong, Document Fraud
Source Language
English
Immigration Law Refugee Law Administrative Law Evidence Credibility Identity Documents Country Conditions China Persecution Falun Gong +1 more

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Parties

XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXXXXXX XXXX XXXX

Principal Claimant

XXXX XXXX XXXX

Minor Claimant

XXXX XXXX XXXX

Designated Representative

N/A

Counsel for the Minister

Milton Israel

Adjudicator

Procedural Posture

Refugee Protection (irpa S.96 and S.97(1)) / Hearing and Final Decision

Legal Issues

  1. 1 Whether claimants meet definition of Convention refugee
  2. 2 Whether claimants are persons in need of protection
  3. 3 Credibility of the principal claimant regarding identity and Falun Gong practice

Ratio Decidendi

On the balance of probabilities the principal claimant was not credible and failed to establish her identity and nexus to persecution: absence of an authentic Resident Identity Card, inconsistencies and indicia of fraud in the hukou, a fraudulent chuanpiao, and failure to corroborate allegations led the panel to conclude the claimants are neither Convention refugees nor persons in need of protection.

Court Disposition

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