TB2-01335

TB2-01335

The claim is rejected because the principal claimant failed to establish her identity, relied on documents the panel found to be fraudulent, provided no reliable corroboration for key allegations, and consequently failed to show a serious possibility of persecution or risk of torture on a Convention ground if returned to China.

Citation
TB2-01335
Parties
Principal Claimant: XXXX XXXX XXXX XXXXXXXX XXXX XXXX; Minor Claimant (son): XXXX XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
3 April 2019
Procedural Posture
Refugee Claim (irpa Ss. 96 & 97(1)) / Decision (rpd Reasons)
Outcome
Claims rejected; refugee protection denied
Legal Topics
Refugee Protection, Credibility Assessment, Identity Documentation, Corroboration, Country Conditions (china), Falun Gong
Source Language
English
Immigration Refugee Law Administrative Law Refugee Protection Credibility Assessment Identity Documentation Corroboration Country Conditions (china) +1 more

Case Brief

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Parties

XXXX XXXX XXXX XXXXXXXX XXXX XXXX

Principal Claimant

XXXX XXXX XXXX

Minor Claimant (son)

Procedural Posture

Refugee Claim (irpa Ss. 96 & 97(1)) / Decision (rpd Reasons)

Legal Issues

  1. 1 Whether claimant's identity as a Chinese national was established
  2. 2 Whether claimant's evidence was credible and corroborated
  3. 3 Whether the Public Security Bureau (PSB) was actively pursuing claimant for harbouring a Falun Gong practitioner

Ratio Decidendi

The claim is rejected because the principal claimant failed to establish her identity, relied on documents the panel found to be fraudulent, provided no reliable corroboration for key allegations, and consequently failed to show a serious possibility of persecution or risk of torture on a Convention ground if returned to China.

Court Disposition

Claims rejected; refugee protection denied

Orders

  • Claims rejected; no protection granted