TA9-11655

TA9-11655

The claimants' testimony and documentary evidence were found inconsistent, suspect and in part likely fraudulent; country evidence indicates fines rather than systematic forced sterilization in Guangdong and that children born abroad are generally tolerated; on balance of probabilities the claimants failed to establish a serious possibility of persecution or a real risk of torture, cruel treatment or death, therefore their claims are rejected.

Citation
TA9-11655
Parties
Claimant: XXXXXXXXXXXXX; Claimant: XXXXXXXXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
19 April 2012
Procedural Posture
Refugee Protection Claim / Final Decision (reasons and Decision)
Outcome
Claims rejected; claimants are neither Convention refugees nor persons in need of protection
Legal Topics
Forced Sterilization, Forced Abortion, Credibility Assessment, Country Evidence, Hukou/registration, Social Support Fee (fines)
Source Language
English
Refugee Protection Immigration Administrative Law Human Rights Family Planning Policy Forced Sterilization Forced Abortion Credibility Assessment +3 more

Case Brief

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Parties

XXXXXXXXXXXXX

Claimant

XXXXXXXXXX

Claimant

Procedural Posture

Refugee Protection Claim / Final Decision (reasons and Decision)

Legal Issues

  1. 1 Whether the claimants are credible regarding forced abortions and threats of sterilization
  2. 2 Whether documentary evidence corroborates the claimants' account or is fraudulent/inconsistent
  3. 3 Whether claimants face a serious possibility of persecution or risk of cruel and unusual treatment, torture or death if returned to China

Ratio Decidendi

The claimants' testimony and documentary evidence were found inconsistent, suspect and in part likely fraudulent; country evidence indicates fines rather than systematic forced sterilization in Guangdong and that children born abroad are generally tolerated; on balance of probabilities the claimants failed to establish a serious possibility of persecution or a real risk of torture, cruel treatment or death, therefore their claims are rejected.

Court Disposition

Claims rejected; claimants are neither Convention refugees nor persons in need of protection

Orders

  • Refugee Protection Division rejects the claims of XXXXXXXXXXXXX and XXXXXXXXXX (decision dated April 19, 2012)