TB0-06289

TB0-06289

The panel found the claimant not credible about membership in an underground church and about being pursued by the PSB; documentary country evidence and lack of corroboration showed no serious possibility of persecution of ordinary Catholic parishioners in Fujian; therefore the claimants are neither Convention refugees nor persons in need of protection.

Citation
TB0-06289
Parties
Claimant: XXXXX XXXXX; Minor Claimant: XXXXX XXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
17 November 2011
Procedural Posture
Refugee Protection / Decision (reasons and Decision)
Outcome
Claims rejected; claimants are not Convention refugees and are not persons in need of protection
Legal Topics
Credibility, Sur Place, Persecution, Religious Practice, Country Conditions China (fujian)
Source Language
English
Refugee Protection Immigration Religious Freedom Credibility Sur Place Persecution Religious Practice Country Conditions China (fujian)

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Parties

XXXXX XXXXX

Claimant

XXXXX XXXXX

Minor Claimant

Procedural Posture

Refugee Protection / Decision (reasons and Decision)

Legal Issues

  1. 1 Whether the claimants are Convention refugees
  2. 2 Credibility of claimant's account of underground Catholic practice and PSB pursuit
  3. 3 Whether there is a serious possibility of persecution in Fujian for practising Catholicism in an unregistered church

Ratio Decidendi

The panel found the claimant not credible about membership in an underground church and about being pursued by the PSB; documentary country evidence and lack of corroboration showed no serious possibility of persecution of ordinary Catholic parishioners in Fujian; therefore the claimants are neither Convention refugees nor persons in need of protection.

Court Disposition

Claims rejected; claimants are not Convention refugees and are not persons in need of protection

Orders

  • Refugee Protection Division rejects the refugee claims of XXXXX XXXXX and XXXXX XXXXX; no protection granted