TB1-13638

TB1-13638

On a balance of probabilities the claimant's evidence is not credible or corroborated; he did not participate in the alleged demonstrations nor establish a nexus to a Convention ground; inconsistencies regarding PIF amendments, hukou status and failure to provide corroborative documents show fabrication or exaggeration (including joining FDC in Canada to bolster the claim); therefore there are no substantial grounds to believe he faces persecution, torture or cruel or unusual treatment on return and the claim is denied.

Citation
TB1-13638
Parties
Claimant: XXXX XXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
14 May 2014
Procedural Posture
Refugee Protection Claim Under Immigration and Refugee Protection Act / Hearing and Decision (rpd Reasons and Decision)
Outcome
Claim denied; claimant is not a Convention refugee and not a person in need of protection
Legal Topics
Convention Refugee, Sur Place, Credibility Assessment, Non Refoulement, Risk of Torture, Hukou/status Documentation, Political Opinion
Source Language
English
Immigration Law Refugee Law Administrative Law Convention Refugee Sur Place Credibility Assessment Non Refoulement Risk of Torture +2 more

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Parties

XXXX XXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim Under Immigration and Refugee Protection Act / Hearing and Decision (rpd Reasons and Decision)

Legal Issues

  1. 1 Whether claimant is a Convention refugee
  2. 2 Whether claimant is a person in need of protection (risk to life or risk of cruel and unusual treatment)
  3. 3 Credibility of claimant's testimony and documentary evidence

Ratio Decidendi

On a balance of probabilities the claimant's evidence is not credible or corroborated; he did not participate in the alleged demonstrations nor establish a nexus to a Convention ground; inconsistencies regarding PIF amendments, hukou status and failure to provide corroborative documents show fabrication or exaggeration (including joining FDC in Canada to bolster the claim); therefore there are no substantial grounds to believe he faces persecution, torture or cruel or unusual treatment on return and the claim is denied.

Court Disposition

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

Orders

  • Refugee claim dismissed
  • No protection granted under sections 96 or 97 of the Immigration and Refugee Protection Act; removal to China permitted