VA8-00500

VA8-00500

The panel rejected the claim because the claimant's allegations about organizing a house church and facing persecution were not credible, country evidence shows most Christians (including many in house churches) can practise without persecution and regional/size/activity factors do not establish a serious possibility of persecution for this claimant, and internal relocation to or participation in registered churches makes persecution unlikely; therefore she is neither a Convention refugee nor a person in need of protection.

Citation
VA8-00500
Parties
Claimant: XXXXX XXXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
10 November 2009
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Decision by Refugee Protection Division
Outcome
Claim rejected; claimant is not a Convention refugee and not a person in need of protection.
Legal Topics
Convention Refugee, Person in Need of Protection, Freedom of Religion, Credibility Assessment, Country Conditions and Internal Relocation
Source Language
English
Immigration Refugee Law Administrative Law Convention Refugee Person in Need of Protection Freedom of Religion Credibility Assessment Country Conditions and Internal Relocation

Case Brief

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Parties

XXXXX XXXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Decision by Refugee Protection Division

Legal Issues

  1. 1 Whether the claimant is a Convention refugee
  2. 2 Whether the claimant is a person in need of protection (risk to life or cruel and unusual treatment)
  3. 3 Credibility of claimant's allegations about organising/leading house churches

Ratio Decidendi

The panel rejected the claim because the claimant's allegations about organizing a house church and facing persecution were not credible, country evidence shows most Christians (including many in house churches) can practise without persecution and regional/size/activity factors do not establish a serious possibility of persecution for this claimant, and internal relocation to or participation in registered churches makes persecution unlikely; therefore she is neither a Convention refugee nor a person in need of protection.

Court Disposition

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

Orders

  • Refugee claim dismissed
  • No protection granted; removal to China permitted