TB9-31082

TB9-31082

The summons submitted by the Appellant was found fraudulent on the balance of probabilities due to multiple inconsistencies with authoritative country-documentation samples and lack of corroborating evidence that the authorities sought him; combined with country evidence showing relative tolerance for Christian practice in Fuqing, Fujian, these findings negate a serious possibility of persecution and justify dismissing the appeal and upholding the RPD decision that the Appellant is neither a Convention refugee nor a person in need of protection.

Citation
TB9-31082
Parties
Appellant / Person in Cause: XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
29 September 2020
Procedural Posture
Refugee Protection Appeal (rad) / Decision on Appeal (final)
Outcome
Appeal dismissed; RPD decision upheld
Legal Topics
Convention Refugee, Country Conditions, Document Authenticity, Credibility Assessment, Protection Claim
Source Language
English
Immigration Refugee Law Administrative Law Convention Refugee Country Conditions Document Authenticity Credibility Assessment Protection Claim

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Parties

XXXX XXXX

Appellant / Person in Cause

Minister

Respondent

Procedural Posture

Refugee Protection Appeal (rad) / Decision on Appeal (final)

Legal Issues

  1. 1 Whether the summons submitted by the Appellant is authentic or fraudulent
  2. 2 Whether the Appellant is credible about practising Christianity in China
  3. 3 Whether country conditions in Fuqing, Fujian support a well-founded fear of persecution

Ratio Decidendi

The summons submitted by the Appellant was found fraudulent on the balance of probabilities due to multiple inconsistencies with authoritative country-documentation samples and lack of corroborating evidence that the authorities sought him; combined with country evidence showing relative tolerance for Christian practice in Fuqing, Fujian, these findings negate a serious possibility of persecution and justify dismissing the appeal and upholding the RPD decision that the Appellant is neither a Convention refugee nor a person in need of protection.

Court Disposition

Appeal dismissed; RPD decision upheld

Orders

  • Appeal dismissed; RPD findings affirmed; Appellant determined not to be a Convention refugee nor a person in need of protection