TB6-00292

TB6-00292

The panel rejected the claims because the principal claimant was not credible and did not establish presence in China at relevant times or a real risk of persecution: material inconsistencies, failure to produce reasonably available supporting documents, implausible conduct given alleged fear, and no evidence of state interest meant the legal thresholds under IRPA were not met.

Citation
TB6-00292
Parties
Principal Claimant: XXXX XXXX XXXX; Associated Claimant: XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
4 March 2016
Procedural Posture
Refugee Claim Under IRPA (sections 96 and 97(1)) / Hearing and Final Decision (refugee Protection Division)
Outcome
Claims rejected; claimants are neither Convention refugees nor persons in need of protection.
Legal Topics
Credibility Assessment, Convention Refugee Determination, Person in Need of Protection, Gender Related Persecution Guidelines
Source Language
English
Immigration Refugee Law Administrative Law Credibility Assessment Convention Refugee Determination Person in Need of Protection Gender Related Persecution Guidelines

Case Brief

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Parties

XXXX XXXX XXXX

Principal Claimant

XXXX XXXX

Associated Claimant

Procedural Posture

Refugee Claim Under IRPA (sections 96 and 97(1)) / Hearing and Final Decision (refugee Protection Division)

Legal Issues

  1. 1 Whether claimants were present in China at material times
  2. 2 Credibility of principal claimant
  3. 3 Whether claimants face persecution or risk (Falun Gong suspicion)

Ratio Decidendi

The panel rejected the claims because the principal claimant was not credible and did not establish presence in China at relevant times or a real risk of persecution: material inconsistencies, failure to produce reasonably available supporting documents, implausible conduct given alleged fear, and no evidence of state interest meant the legal thresholds under IRPA were not met.

Court Disposition

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

Orders

  • Refugee Protection Division rejects the claims of XXXX XXXX XXXX and XXXX XXXX.
  • Decision dated March 4, 2016 by R. Shore