TA6-09198

TA6-09198

Multiple material inconsistencies in the claimant's PIF and oral testimony, the implausibility of his claimed method of exit, and the finding that the submitted prison visiting card is likely fraudulent collectively render the claimant not credible on the central issue of being pursued by the PSB; therefore he failed to prove a serious possibility of persecution and is neither a Convention refugee nor a person in need of protection.

Citation
TA6-09198
Parties
Claimant: XXXXX XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
7 November 2007
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision Following Merits Hearing
Outcome
Claim dismissed; claimant found not to be a Convention refugee and not a person in need of protection
Legal Topics
Credibility Assessment, Convention Refugee Determination, Person in Need of Protection, Persecution for Political/religious Belief, Country Conditions, Documentary Authenticity, Burden of Proof
Source Language
English
Immigration Refugee Law Administrative Law Evidence Law Credibility Assessment Convention Refugee Determination Person in Need of Protection Persecution for Political/religious Belief +3 more

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Parties

XXXXX XXXXX

Claimant

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision Following Merits Hearing

Legal Issues

  1. 1 Whether the claimant's account of association with Falun Gong and pursuit by PSB is credible
  2. 2 Whether claimant established a serious possibility of persecution if returned to China
  3. 3 Whether documentary evidence submitted by claimant is authentic

Ratio Decidendi

Multiple material inconsistencies in the claimant's PIF and oral testimony, the implausibility of his claimed method of exit, and the finding that the submitted prison visiting card is likely fraudulent collectively render the claimant not credible on the central issue of being pursued by the PSB; therefore he failed to prove a serious possibility of persecution and is neither a Convention refugee nor a person in need of protection.

Court Disposition

Claim dismissed; claimant found not to be a Convention refugee and not a person in need of protection

Orders

  • Protection claim denied