TB1-15150

TB1-15150

The claim is rejected because on a balance of probabilities the claimant's evidence was not credible or sufficiently corroborated, documentary country evidence and procedural inconsistencies undermined his account of being wanted by authorities, and even if he practiced Falun Gong privately he would not face persecution on return; therefore he is not a Convention refugee nor a person in need of protection.

Citation
TB1-15150
Parties
Claimant: XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
17 March 2014
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Decision of the Refugee Protection Division (reasons Delivered)
Outcome
Claim dismissed; Refugee Protection Division rejects claim.
Legal Topics
Refugee Determination, Credibility Assessment, Persecution for Religion/ Belief, Country Condition Evidence, Corroboration
Source Language
English
Immigration Refugee Law Human Rights Law Refugee Determination Credibility Assessment Persecution for Religion/ Belief Country Condition Evidence Corroboration

Case Brief

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Parties

XXXX XXXX

Claimant

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Decision of the Refugee Protection Division (reasons Delivered)

Legal Issues

  1. 1 Whether the claimant is a Convention refugee
  2. 2 Whether the claimant has a well‑founded fear of persecution on account of Falun Gong practice
  3. 3 Whether the claimant's testimony and supporting evidence are credible and corroborated

Ratio Decidendi

The claim is rejected because on a balance of probabilities the claimant's evidence was not credible or sufficiently corroborated, documentary country evidence and procedural inconsistencies undermined his account of being wanted by authorities, and even if he practiced Falun Gong privately he would not face persecution on return; therefore he is not a Convention refugee nor a person in need of protection.

Court Disposition

Claim dismissed; Refugee Protection Division rejects claim.

Orders

  • Refugee Protection Division rejects the claimant's claim for refugee protection.
  • Claimant is neither a Convention refugee nor a person in need of protection.