TA9-12652

TA9-12652

Panel found the claimant was not a genuine Christian based on his testimony and knowledge gaps; alternatively, even accepting he was genuine, documentary evidence did not establish a serious possibility of persecution of his type of unregistered house church in Fujian; therefore claim failed.

Citation
TA9-12652
Parties
Claimant / Asylum Claimant: XXXXXXXXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
30 November 2011
Procedural Posture
Refugee Protection Claim / Decision on Refugee Claim (reasons and Decision)
Outcome
Claim rejected; claimant is neither a Convention refugee nor a person in need of protection
Legal Topics
Convention Refugee, Protection Claim, Religious Persecution, Credibility Assessment, Country Condition Evidence
Source Language
English
Immigration Law Refugee Law Administrative Law Convention Refugee Protection Claim Religious Persecution Credibility Assessment Country Condition Evidence

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Parties

XXXXXXXXXX

Claimant / Asylum Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim / Decision on Refugee Claim (reasons and Decision)

Legal Issues

  1. 1 Whether claimant is a genuine adherent of Christianity
  2. 2 Whether claimant faces a serious possibility of persecution in China on account of religion
  3. 3 Whether claimant satisfies burden of proof on risk and nexus to a Convention ground

Ratio Decidendi

Panel found the claimant was not a genuine Christian based on his testimony and knowledge gaps; alternatively, even accepting he was genuine, documentary evidence did not establish a serious possibility of persecution of his type of unregistered house church in Fujian; therefore claim failed.

Court Disposition

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