TA8-11808

TA8-11808

The panel found the claimant credible as a Christian but rejected his core allegations of a PSB raid and seizure because of material inconsistencies and likely fraudulent documentation, and on balance of probabilities concluded there is insufficient evidence of targeted persecution in Fujian; therefore the claimant did not establish a serious possibility of persecution or need for protection and his refugee claim is rejected.

Citation
TA8-11808
Parties
Claimant: XXXXX XXXXX (a.k.a. XXXXX XXXXX)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
9 September 2010
Procedural Posture
Refugee Protection / Final Decision (refugee Protection Division)
Outcome
Claimant is neither a Convention refugee nor a person in need of protection; claim rejected by Refugee Protection Division.
Legal Topics
Religious Persecution, Country Conditions, Credibility Assessment, Documentary Corroboration, Burden of Proof, Convention Refugee Determination, Internal Protection
Source Language
English
Immigration Refugee Law Administrative Law Human Rights Religious Freedom Religious Persecution Country Conditions Credibility Assessment +4 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

XXXXX XXXXX (a.k.a. XXXXX XXXXX)

Claimant

Procedural Posture

Refugee Protection / Final Decision (refugee Protection Division)

Legal Issues

  1. 1 Whether the claimant is a Convention refugee
  2. 2 Whether the claimant faces persecution in China because of his religion
  3. 3 Whether the claimant's testimony and documents are credible and corroborated

Ratio Decidendi

The panel found the claimant credible as a Christian but rejected his core allegations of a PSB raid and seizure because of material inconsistencies and likely fraudulent documentation, and on balance of probabilities concluded there is insufficient evidence of targeted persecution in Fujian; therefore the claimant did not establish a serious possibility of persecution or need for protection and his refugee claim is rejected.

Court Disposition

Claimant is neither a Convention refugee nor a person in need of protection; claim rejected by Refugee Protection Division.