TB2-14344

TB2-14344

The claim is rejected because the panel found the claimant not to be a genuine Falun Gong practitioner and identified multiple credibility deficits (inconsistent PIF/addendum, deceptive testimony about passport and PSB visits, lack of corroboration and insufficient doctrinal knowledge), and therefore concluded on a balance of probabilities that he would not face a serious possibility of persecution or a risk of torture or cruel and unusual treatment upon return to China.

Citation
TB2-14344
Parties
Claimant (asylum Seeker): XXXX XXXX; Respondent: Canada (Minister)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
19 September 2018
Procedural Posture
Refugee Protection Claim (irpa Ss.96 97) / Hearing and Decision (rpd)
Outcome
Claim rejected
Legal Topics
Credibility Assessment, Sur Place Doctrine, Persecution (religious/political), Falun Gong, State Security/police Net (golden Shield)
Source Language
English
Immigration Refugee Law Administrative Law Human Rights Credibility Assessment Sur Place Doctrine Persecution (religious/political) Falun Gong +1 more

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Parties

XXXX XXXX

Claimant (asylum Seeker)

Canada (Minister)

Respondent

Procedural Posture

Refugee Protection Claim (irpa Ss.96 97) / Hearing and Decision (rpd)

Legal Issues

  1. 1 Credibility of claimant
  2. 2 Identity as a Falun Gong practitioner
  3. 3 Whether claimant was wanted by Public Security Bureau (PSB) and implications of Golden Shield

Ratio Decidendi

The claim is rejected because the panel found the claimant not to be a genuine Falun Gong practitioner and identified multiple credibility deficits (inconsistent PIF/addendum, deceptive testimony about passport and PSB visits, lack of corroboration and insufficient doctrinal knowledge), and therefore concluded on a balance of probabilities that he would not face a serious possibility of persecution or a risk of torture or cruel and unusual treatment upon return to China.

Court Disposition

Claim rejected

Orders

  • Refugee protection claim denied (RPD decision)