VB3-00255

VB3-00255

Because key documentary evidence was found to be fabricated or unreliable and claimant testimony contained material contradictions that were not satisfactorily explained, the decision‑maker concluded on the balance of probabilities that the claimants had not established they breached family planning laws or would face compelled sterilization or other persecution on a Convention ground; therefore the claims fail and claimants are neither Convention refugees nor persons in need of protection.

Citation
VB3-00255
Parties
Principal Claimant: XXXX XXXX XXXXX; Associate Claimant: XXX XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
18 September 2013
Procedural Posture
Refugee Protection Claim Under Immigration and Refugee Protection Act / Final Decision by the Refugee Protection Division (merits Hearing Concluded)
Outcome
Refugee claims dismissed
Legal Topics
Compelled Sterilization, Family Planning Policy, Credibility Assessment, Document Fraud, Gender Based Persecution, Risk Assessment
Source Language
English
Immigration Law Refugee Law Administrative Law Compelled Sterilization Family Planning Policy Credibility Assessment Document Fraud Gender Based Persecution +1 more

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Parties

XXXX XXXX XXXXX

Principal Claimant

XXX XXXX XXXX

Associate Claimant

Procedural Posture

Refugee Protection Claim Under Immigration and Refugee Protection Act / Final Decision by the Refugee Protection Division (merits Hearing Concluded)

Legal Issues

  1. 1 Whether the claimants will face compelled sterilization or other sanctions for breaching family planning laws in China
  2. 2 Whether the documents submitted by the claimants are authentic and reliable
  3. 3 Whether the claimants are Convention refugees or persons in need of protection under the Act

Ratio Decidendi

Because key documentary evidence was found to be fabricated or unreliable and claimant testimony contained material contradictions that were not satisfactorily explained, the decision‑maker concluded on the balance of probabilities that the claimants had not established they breached family planning laws or would face compelled sterilization or other persecution on a Convention ground; therefore the claims fail and claimants are neither Convention refugees nor persons in need of protection.

Court Disposition

Refugee claims dismissed

Orders

  • Refugee claims rejected; claimants are neither Convention refugees nor persons in need of protection