TB7-00286

TB7-00286

The panel found the claimant not credible due to deliberate misrepresentations about his student status and unauthorized work, together with inconsistent and unconvincing evidence about his Falun Gong practice; on that basis the claim was manifestly unfounded and the claimant failed to establish a serious possibility of persecution or risk of torture, therefore the claim is rejected.

Citation
TB7-00286
Parties
Claimant: XXXX XXXX; Respondent Minister: Minister of Citizenship and Immigration
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
10 March 2017
Procedural Posture
Immigration and Refugee Protection Act Refugee Protection Claim / Hearing and Decision (refugee Protection Division)
Outcome
Claim rejected; claimant is neither a Convention refugee nor a person in need of protection
Legal Topics
Credibility, Convention Refugee, Person in Need of Protection, Manifestly Unfounded, Falun Gong, Persecution, Risk of Torture
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Convention Refugee Person in Need of Protection Manifestly Unfounded Falun Gong +2 more

Case Brief

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Parties

XXXX XXXX

Claimant

Minister of Citizenship and Immigration

Respondent Minister

Procedural Posture

Immigration and Refugee Protection Act Refugee Protection Claim / Hearing and Decision (refugee Protection Division)

Legal Issues

  1. 1 Whether the claimant is a Convention refugee
  2. 2 Whether the claimant is a person in need of protection
  3. 3 Whether the claimant is a credible witness

Ratio Decidendi

The panel found the claimant not credible due to deliberate misrepresentations about his student status and unauthorized work, together with inconsistent and unconvincing evidence about his Falun Gong practice; on that basis the claim was manifestly unfounded and the claimant failed to establish a serious possibility of persecution or risk of torture, therefore the claim is rejected.

Court Disposition

Claim rejected; claimant is neither a Convention refugee nor a person in need of protection

Orders

  • Claim dismissed: not a Convention refugee
  • Claim dismissed: not a person in need of protection