TB0-13838

TB0-13838

The claimant's evidence was found not credible due to material inconsistencies, lack of corroboration, implausibility of escaping China while allegedly wanted by PSB, and evidence suggesting the Falun Gong allegation was made to support a fraudulent claim; therefore he failed to prove a well‑founded fear of persecution under s.96 or a need for protection under s.97 IRPA.

Citation
TB0-13838
Parties
Claimant: XXXX XXXX XXXX (a.k.a. XXXX XXXX XXXX); Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
8 April 2013
Procedural Posture
Refugee Protection Claim Under IRPA / Hearing and Decision (first Instance)
Outcome
Claim denied — not a Convention refugee and not a person in need of protection
Legal Topics
Convention Refugee, Person in Need of Protection, Credibility Findings, Falun Gong, Sur Place, Risk Assessment
Source Language
English
Immigration Refugee Law Administrative Law Convention Refugee Person in Need of Protection Credibility Findings Falun Gong Sur Place +1 more

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Parties

XXXX XXXX XXXX (a.k.a. XXXX XXXX XXXX)

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim Under IRPA / Hearing and Decision (first Instance)

Legal Issues

  1. 1 Whether the claimant is a Convention refugee under section 96 of IRPA
  2. 2 Whether the claimant is a person in need of protection under section 97 of IRPA
  3. 3 Whether the claimant genuinely practiced Falun Gong in China or Canada

Ratio Decidendi

The claimant's evidence was found not credible due to material inconsistencies, lack of corroboration, implausibility of escaping China while allegedly wanted by PSB, and evidence suggesting the Falun Gong allegation was made to support a fraudulent claim; therefore he failed to prove a well‑founded fear of persecution under s.96 or a need for protection under s.97 IRPA.

Court Disposition

Claim denied — not a Convention refugee and not a person in need of protection