TB2-02207

TB2-02207

The panel rejected the claim because the claimants failed to provide credible and trustworthy evidence: the female claimant's account was implausible and apparently manufactured (unconvincing motive for joining Falun Gong, inconsistent health story, implausible exit and visa explanations, and lack of corroboration), the panel concluded she was not a practicing Falun Gong member and therefore there is no founded fear of persecution or risk of torture; accordingly the claims under ss.96 and 97 IRPA fail.

Citation
TB2-02207
Parties
Female Claimant: XXXX XXXX; Male Claimant: XXXXXXXX XXXX; Minor Claimant (son): XXXXXXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
19 March 2014
Procedural Posture
Refugee Protection Claim (irpa) / Decision Following Hearing (reasons and Decision)
Outcome
Claims rejected; claimants are not Convention refugees and are not persons in need of protection.
Legal Topics
Refugee Protection, Convention Refugee, Particular Social Group, Credibility Assessment, Risk Assessment, Falun Gong Persecution
Source Language
English
Immigration Refugee Law Administrative Law Refugee Protection Convention Refugee Particular Social Group Credibility Assessment Risk Assessment +1 more

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Parties

XXXX XXXX

Female Claimant

XXXXXXXX XXXX

Male Claimant

XXXXXXXX XXXX

Minor Claimant (son)

Procedural Posture

Refugee Protection Claim (irpa) / Decision Following Hearing (reasons and Decision)

Legal Issues

  1. 1 Whether claimants are Convention refugees under section 96 IRPA
  2. 2 Whether claimants are persons in need of protection under section 97 IRPA
  3. 3 Whether the female claimant was a practicing member of Falun Gong

Ratio Decidendi

The panel rejected the claim because the claimants failed to provide credible and trustworthy evidence: the female claimant's account was implausible and apparently manufactured (unconvincing motive for joining Falun Gong, inconsistent health story, implausible exit and visa explanations, and lack of corroboration), the panel concluded she was not a practicing Falun Gong member and therefore there is no founded fear of persecution or risk of torture; accordingly the claims under ss.96 and 97 IRPA fail.

Court Disposition

Claims rejected; claimants are not Convention refugees and are not persons in need of protection.

Orders

  • Refugee Protection Division denies the refugee protection claims of the claimants and issues negative decision (March 19, 2014).