TB2-11643

TB2-11643

The panel found material credibility deficiencies and omitted significant facts, relied on substantial documentary evidence showing national bans on forced abortion/sterilization and low incidence of enforcement in Fujian, and concluded on a balance of probabilities that the claimant would not face persecution or risk of torture or cruel and unusual treatment; the minor associate claimants are returnable to the United States under the Safe Third Country Agreement, therefore all claims were rejected.

Citation
TB2-11643
Parties
Principal Claimant: XXXX XXXX XXXX (A.K.A. XXXX XXXX XXXX); Associate Claimant (minor): XXXX XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
4 June 2018
Procedural Posture
Refugee Protection Claim / Post Hearing Decision
Outcome
All claims rejected; principal claimant denied refugee protection and persons in need of protection; associate (minor) claimants rejected and returnable to the United States under the Safe Third Country Agreement.
Legal Topics
Family Planning Policy, Religious Freedom, Credibility Assessment, Safe Third Country Agreement, Sur Place, Designation of Representative, Identity Documentation, Risk of Torture/cruel and Unusual Treatment
Source Language
English
Immigration Law Refugee Law Human Rights Law Family Planning Policy Religious Freedom Credibility Assessment Safe Third Country Agreement Sur Place +3 more

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Parties

XXXX XXXX XXXX (A.K.A. XXXX XXXX XXXX)

Principal Claimant

XXXX XXXX XXXX

Associate Claimant (minor)

Procedural Posture

Refugee Protection Claim / Post Hearing Decision

Legal Issues

  1. 1 Whether claimant faces a serious possibility of persecution on a Convention ground
  2. 2 Whether claimant would be personally at risk of torture or cruel and unusual treatment on return
  3. 3 Whether claimant's sur place activities create a well-founded fear of persecution

Ratio Decidendi

The panel found material credibility deficiencies and omitted significant facts, relied on substantial documentary evidence showing national bans on forced abortion/sterilization and low incidence of enforcement in Fujian, and concluded on a balance of probabilities that the claimant would not face persecution or risk of torture or cruel and unusual treatment; the minor associate claimants are returnable to the United States under the Safe Third Country Agreement, therefore all claims were rejected.

Court Disposition

All claims rejected; principal claimant denied refugee protection and persons in need of protection; associate (minor) claimants rejected and returnable to the United States under the Safe Third Country Agreement.

Orders

  • Refugee Protection Division rejects the refugee protection claims of all claimants
  • Designated representative (XXXX XXXX XXXX) appointed for the minor claimants and minors excused from hearing