TA8-20329

TA8-20329

Claimants failed to discharge the onus to prove they are Chinese nationals and failed credibility assessment due to multiple material inconsistencies, omissions and suspect documentation; country evidence shows fines rather than forced sterilization in Guangdong; therefore there is no serious possibility of persecution for religion or sterilization and the claims (adult and minor) are rejected.

Citation
TA8-20329
Parties
Claimant (adult): XXXXX XXXXX; Claimant (minor): XXXXX XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
23 December 2009
Procedural Posture
Refugee Protection Claim Under IRPA / Decision Following RPD Hearing
Outcome
Claimants are neither Convention refugees nor persons in need of protection; claims rejected by the Refugee Protection Division.
Legal Topics
Forced Sterilization, Family Planning, Religious Persecution, Sur Place, Identity Documents, Credibility, Good Faith
Source Language
English
Immigration and Refugee Law Administrative Law Forced Sterilization Family Planning Religious Persecution Sur Place Identity Documents Credibility +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 4 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

XXXXX XXXXX

Claimant (adult)

XXXXX XXXXX

Claimant (minor)

Procedural Posture

Refugee Protection Claim Under IRPA / Decision Following RPD Hearing

Legal Issues

  1. 1 Whether claimants are nationals of the People's Republic of China
  2. 2 Whether the claimants credibly established a well‑founded fear of persecution for religion
  3. 3 Whether there was a real risk of forced sterilization or other persecution under family planning policies

Ratio Decidendi

Claimants failed to discharge the onus to prove they are Chinese nationals and failed credibility assessment due to multiple material inconsistencies, omissions and suspect documentation; country evidence shows fines rather than forced sterilization in Guangdong; therefore there is no serious possibility of persecution for religion or sterilization and the claims (adult and minor) are rejected.

Court Disposition

Claimants are neither Convention refugees nor persons in need of protection; claims rejected by the Refugee Protection Division.

Orders

  • Refugee Protection Division rejects the refugee protection claims of XXXXX XXXXX and XXXXX XXXXX