TA9-10599

TA9-10599

Because the claimant's testimony and documentary evidence were found to contain numerous contradictions, omissions and implausibilities, and the claim was found to be a sur place stratagem made without good faith, the claimant failed to prove on a balance of probabilities that he is a genuine Falun Gong practitioner or that he faces a serious possibility of persecution or risk of torture in the PRC; claim is rejected.

Citation
TA9-10599
Parties
Claimant: XXXXXXXXXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
18 October 2011
Procedural Posture
Refugee Protection Claim Under IRPA / Decision by Refugee Protection Division
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, Sur Place (good Faith), Falun Gong, Persecution
Source Language
English
Immigration Law Refugee Law Administrative Law Convention Refugee Person in Need of Protection Credibility Sur Place (good Faith) Falun Gong +1 more

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Parties

XXXXXXXXXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim Under IRPA / Decision by Refugee Protection Division

Legal Issues

  1. 1 Whether the claimant is a genuine Falun Gong practitioner
  2. 2 Whether claimant's sur place activities were made in good faith
  3. 3 Whether claimant faces a serious possibility of persecution or risk of torture if returned

Ratio Decidendi

Because the claimant's testimony and documentary evidence were found to contain numerous contradictions, omissions and implausibilities, and the claim was found to be a sur place stratagem made without good faith, the claimant failed to prove on a balance of probabilities that he is a genuine Falun Gong practitioner or that he faces a serious possibility of persecution or risk of torture in the PRC; claim is rejected.

Court Disposition

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

Orders

  • Refugee Protection Division rejects the claim (Decision dated October 18, 2011)