VA9-02277

VA9-02277

The claim was dismissed because the claimant's evidence was materially inconsistent and not credible, he failed to provide available corroboration, and country documentation did not establish a well-founded fear of persecution or a personal risk of torture or cruel and unusual treatment upon removal to China.

Citation
VA9-02277
Parties
Claimant: XXX XXX XXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
21 April 2011
Procedural Posture
Refugee Protection Claim / Final Decision
Outcome
Claim dismissed; claimant found not to be a Convention refugee and not a person in need of protection
Legal Topics
Convention Refugee, Person in Need of Protection, Credibility, Religious Persecution, Corroboration, Hukou/identity Documentation
Source Language
English
Immigration Law Refugee Law Administrative Law Human Rights Law Convention Refugee Person in Need of Protection Credibility Religious Persecution +2 more

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Parties

XXX XXX XXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim / Final Decision

Legal Issues

  1. 1 Whether the claimant is a Convention refugee under section 96 of the Immigration and Refugee Protection Act
  2. 2 Whether the claimant is a person in need of protection under section 97(1) of the Act
  3. 3 Whether the claimant's testimony and documentary evidence are credible and corroborated

Ratio Decidendi

The claim was dismissed because the claimant's evidence was materially inconsistent and not credible, he failed to provide available corroboration, and country documentation did not establish a well-founded fear of persecution or a personal risk of torture or cruel and unusual treatment upon removal to China.

Court Disposition

Claim dismissed; claimant found not to be a Convention refugee and not a person in need of protection

Orders

  • Refugee claim rejected