TB6-01781

TB6-01781

The panel concluded on the balance of probabilities that the claimants were not credible as persons wanted by Chinese authorities because reliable country evidence established robust exit controls (Policenet/Golden Shield and airport screening) and the claimants were able to exit using their passports; the summonses and detention certificate were likely fabricated and therefore carry no weight; accordingly the claimants failed to establish a serious possibility of persecution or a personal risk to life/cruel and unusual treatment or torture and their claims were dismissed.

Citation
TB6-01781
Parties
Claimant: XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
19 February 2019
Procedural Posture
Refugee Protection Claim (rpd) / Redetermination Decision Following Federal Court Remittal
Outcome
Claims dismissed; claimants are neither Convention refugees nor persons in need of protection
Legal Topics
Well Founded Fear, Convention Refugee, Credibility Assessment, Country Conditions, Exit Controls, Persecution, Fraudulent Documents
Source Language
English
Immigration Law Refugee Law Administrative Law Well Founded Fear Convention Refugee Credibility Assessment Country Conditions Exit Controls +2 more

Case Brief

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Parties

XXXX XXXX

Claimant

Procedural Posture

Refugee Protection Claim (rpd) / Redetermination Decision Following Federal Court Remittal

Legal Issues

  1. 1 Whether the claimants are Convention refugees
  2. 2 Whether the claimants face a risk to life, cruel and unusual treatment or torture on return
  3. 3 Whether the claimants' evidence that they were wanted by Chinese authorities is credible

Ratio Decidendi

The panel concluded on the balance of probabilities that the claimants were not credible as persons wanted by Chinese authorities because reliable country evidence established robust exit controls (Policenet/Golden Shield and airport screening) and the claimants were able to exit using their passports; the summonses and detention certificate were likely fabricated and therefore carry no weight; accordingly the claimants failed to establish a serious possibility of persecution or a personal risk to life/cruel and unusual treatment or torture and their claims were dismissed.

Court Disposition

Claims dismissed; claimants are neither Convention refugees nor persons in need of protection

Orders

  • Claimants' refugee protection claims are rejected
  • Decision dated February 19, 2019 (RPD panel: Sarah Morgan)