TB2-12078

TB2-12078

The panel found the claimants not credible on the central factual assertions (Falun Gong practice and PSB pursuit), gave little weight to the summons and exit account given the absence of an arrest warrant and objective country evidence about policing and exit controls, and found no credible evidence that the state would forcibly impose an IUD; therefore on the balance of probabilities the claimants are not Convention refugees nor persons in need of protection and the claims are dismissed.

Citation
TB2-12078
Parties
Principal Claimant: XXXX XXXX; Associate Claimant: XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
1 May 2018
Procedural Posture
Refugee Protection Claim (irpa Ss.96 & 97(1)) / Decision and Reasons by Refugee Protection Division
Outcome
Claims dismissed; claimants are neither Convention refugees nor persons in need of protection.
Legal Topics
Credibility, Failure to Claim Elsewhere, Persecution, Family Planning Policy (iud), Exit and Entry Controls, Falun Gong
Source Language
English
Immigration Refugee Protection Administrative Law Human Rights Credibility Failure to Claim Elsewhere Persecution Family Planning Policy (iud) +2 more

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Parties

XXXX XXXX

Principal Claimant

XXXX XXXX

Associate Claimant

Procedural Posture

Refugee Protection Claim (irpa Ss.96 & 97(1)) / Decision and Reasons by Refugee Protection Division

Legal Issues

  1. 1 Whether claimants are credible regarding Falun Gong practice and PSB pursuit
  2. 2 Authenticity and forcefulness of summons and absence of arrest warrant
  3. 3 Whether claimants could have exited China using genuine passports while pursued

Ratio Decidendi

The panel found the claimants not credible on the central factual assertions (Falun Gong practice and PSB pursuit), gave little weight to the summons and exit account given the absence of an arrest warrant and objective country evidence about policing and exit controls, and found no credible evidence that the state would forcibly impose an IUD; therefore on the balance of probabilities the claimants are not Convention refugees nor persons in need of protection and the claims are dismissed.

Court Disposition

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

Orders

  • Claims dismissed; removal not barred by Refugee Protection Division decision