TB2-15115

TB2-15115

Panel found claimant's account inconsistent and unsupported by documentary evidence that would reasonably exist (summons/arrest warrant), drew negative inferences from omissions and implausibilities (fraudulent passport in claimant's name, lack of family harassment), concluded claimant made a fraudulent claim on entry and therefore was not a genuine Falun Gong practitioner from China nor a genuine sur place practitioner, and dismissed the refugee claim on the balance of probabilities.

Citation
TB2-15115
Parties
Claimant: XXXX XXXX XXXX; Presiding Member: Milton Israel; Minister's Counsel: N/A; Interpreter: S. Xu
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
14 May 2018
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Decision (oral Rendered May 14, 2018; Written Reasons Issued)
Outcome
Claim dismissed; claimant found not to be a Convention refugee and not a person in need of protection.
Legal Topics
Refugee Status Determination, Credibility Assessment, Sur Place Claim, Persecution for Religious Belief (falun Gong)
Source Language
English
Immigration Refugee Law Administrative Law Refugee Status Determination Credibility Assessment Sur Place Claim Persecution for Religious Belief (falun Gong)

Case Brief

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Parties

XXXX XXXX XXXX

Claimant

Milton Israel

Presiding Member

N/A

Minister's Counsel

S. Xu

Interpreter

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Decision (oral Rendered May 14, 2018; Written Reasons Issued)

Legal Issues

  1. 1 Whether claimant is a Convention refugee
  2. 2 Whether claimant is a person in need of protection
  3. 3 Whether the claimant was a genuine Falun Gong practitioner in China

Ratio Decidendi

Panel found claimant's account inconsistent and unsupported by documentary evidence that would reasonably exist (summons/arrest warrant), drew negative inferences from omissions and implausibilities (fraudulent passport in claimant's name, lack of family harassment), concluded claimant made a fraudulent claim on entry and therefore was not a genuine Falun Gong practitioner from China nor a genuine sur place practitioner, and dismissed the refugee claim on the balance of probabilities.

Court Disposition

Claim dismissed; claimant found not to be a Convention refugee and not a person in need of protection.

Orders

  • Refugee claim dismissed