TA7-09735

TA7-09735

The tribunal found the claimant not credible regarding the alleged raid and being wanted by the PSB and, on the balance of probabilities given the country evidence showing no recent arrests of lay Christians in Fujian, concluded there is no serious possibility of persecution; therefore the claimant is neither a Convention refugee nor a person in need of protection.

Citation
TA7-09735
Parties
Claimant: XXXXX XXXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
11 June 2009
Procedural Posture
Refugee Protection Claim / Decision (reasons and Decision Delivered June 11, 2009)
Outcome
Claim rejected; claimant is neither a Convention refugee nor a person in need of protection
Legal Topics
Convention Refugee, Person in Need of Protection, Credibility, Persecution for Religion, House Churches, Country Conditions
Source Language
English
Refugee Law Immigration Law Human Rights Freedom of Religion Convention Refugee Person in Need of Protection Credibility Persecution for Religion +2 more

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Parties

XXXXX XXXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim / Decision (reasons and Decision Delivered June 11, 2009)

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 Credibility of the claimant's account of membership in an underground church and being sought by the PSB

Ratio Decidendi

The tribunal found the claimant not credible regarding the alleged raid and being wanted by the PSB and, on the balance of probabilities given the country evidence showing no recent arrests of lay Christians in Fujian, concluded there is no serious possibility of persecution; therefore the claimant is neither a Convention refugee nor a person in need of protection.

Court Disposition

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