TA6-00690

The claim fails because the claimant's pivotal account is inconsistent and not credible, his medical claim of stomach cancer is uncorroborated and rejected, and there is insufficient credible evidence of a nexus to persecution for Falun Gong practice; therefore he is neither a Convention refugee nor a person in need of protection.

Citation: TA6-00690
Parties: Claimant: XXXXX XXXXX; Respondent: Minister
Court: Refugee Protection Division
Jurisdiction: Canada
Judgment Date: 21 August 2008
Procedural Posture: Refugee Protection Claim / Decision
Outcome: Claim for refugee protection rejected; claimant is not a Convention refugee and not a person in need of protection
Legal Topics: Convention Refugee, Person in Need of Protection, Credibility, Falun Gong, Persecution, Medical Evidence
Source Language: English

Immigration Refugee Law Administrative Law Convention Refugee Person in Need of Protection Credibility Falun Gong Persecution +1 more

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Full judgment text Legal principles 4 Authorities cited 2 Party arguments 2

Parties

XXXXX XXXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim / Decision

Legal Issues

1 Whether claimant is a Convention refugee under s.96 IRPA
2 Whether claimant is a person in need of protection under s.97(1) IRPA
3 Credibility of claimant's account of hotel confrontation

Ratio Decidendi

Court Disposition

Claim for refugee protection rejected; claimant is not a Convention refugee and not a person in need of protection

Orders

Claim for refugee protection rejected