TB0-15436

TB0-15436

The claimant's testimony was not credible and uncorroborated; country documentation and case law demonstrate limited or undocumented persecution of underground Protestant Christians in Fujian and would likely have produced summonses/warrants or documentary records if the alleged raids and arrests occurred; therefore there is no serious possibility of persecution, torture, or cruel treatment and the claim fails.

Citation
TB0-15436
Parties
Claimant: XXXXXXXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
17 May 2012
Procedural Posture
Refugee Protection Claim / Final Decision (refugee Protection Division)
Outcome
Claim rejected; not a Convention refugee and not a person in need of protection
Legal Topics
Freedom of Religion, Credibility Assessment, Country Conditions, Persecution, Risk of Torture/non Refoulement, Summons/warrant Procedures
Source Language
English
Refugee Law Immigration Law Human Rights Law Religious Freedom Freedom of Religion Credibility Assessment Country Conditions Persecution +2 more

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Parties

XXXXXXXXXX

Claimant

Procedural Posture

Refugee Protection Claim / Final Decision (refugee Protection Division)

Legal Issues

  1. 1 Whether the claimant has a well-founded fear of persecution for religion in China
  2. 2 Whether the claimant faces a personal risk to life or risk of cruel and unusual treatment or torture if returned
  3. 3 Credibility of claimant's testimony and documentary inconsistencies

Ratio Decidendi

The claimant's testimony was not credible and uncorroborated; country documentation and case law demonstrate limited or undocumented persecution of underground Protestant Christians in Fujian and would likely have produced summonses/warrants or documentary records if the alleged raids and arrests occurred; therefore there is no serious possibility of persecution, torture, or cruel treatment and the claim fails.

Court Disposition

Claim rejected; not a Convention refugee and not a person in need of protection