TB1-04379

TB1-04379

The claims are rejected because, on the balance of probabilities, the Member found the claimant’s testimony not credible due to significant inconsistencies, lack of corroboration, adverse findings in the husband’s related claim, and limited probative value of medical evidence, and therefore there is no serious possibility of persecution or lack of state protection in China.

Citation
TB1-04379
Parties
Claimant (adult): XXXX XXXX XXXX XXXX; Claimant (minor): XXXX XXXX XXXX; Respondent: Canada (Minister)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
3 April 2014
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision With Reasons by Refugee Protection Division (final Determination)
Outcome
Refugee Protection Division rejects the claims; claimants are neither Convention refugees nor persons in need of protection
Legal Topics
Credibility Assessment, Gender Related Persecution, Sexual Assault, State Protection, Country Condition Evidence
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Assessment Gender Related Persecution Sexual Assault State Protection Country Condition Evidence

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Parties

XXXX XXXX XXXX XXXX

Claimant (adult)

XXXX XXXX XXXX

Claimant (minor)

Canada (Minister)

Respondent

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision With Reasons by Refugee Protection Division (final Determination)

Legal Issues

  1. 1 Whether the claimants are Convention refugees
  2. 2 Whether the claimants are persons in need of protection
  3. 3 Credibility of allegations concerning harassment, rape and husband’s Falun Gong affiliation

Ratio Decidendi

The claims are rejected because, on the balance of probabilities, the Member found the claimant’s testimony not credible due to significant inconsistencies, lack of corroboration, adverse findings in the husband’s related claim, and limited probative value of medical evidence, and therefore there is no serious possibility of persecution or lack of state protection in China.

Court Disposition

Refugee Protection Division rejects the claims; claimants are neither Convention refugees nor persons in need of protection

Orders

  • Refugee Protection Division rejects the claims of the adult and minor claimants; no protection granted