TB1-16130

TB1-16130

The panel rejected the claimant's credibility on key facts (PSB pursuit, authenticity of documents, ability to exit China undetected) and, relying on country documentation showing regional tolerance in Guangdong and lack of evidence of persecution of ordinary parishioners, concluded on the balance of probabilities there is no serious possibility of persecution; therefore the claimant is neither a Convention refugee nor a person in need of protection.

Citation
TB1-16130
Parties
Claimant: XXXX XXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
28 January 2015
Procedural Posture
Refugee Protection Claim / Decision
Outcome
Claim rejected; claimant is not a Convention refugee and not a person in need of protection.
Legal Topics
Convention Refugee, Person in Need of Protection, Credibility, Country Conditions, Document Fraud
Source Language
English
Immigration Refugee Law Religious Freedom Convention Refugee Person in Need of Protection Credibility Country Conditions Document Fraud

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 10 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

XXXX XXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim / Decision

Legal Issues

  1. 1 Credibility of claimant's account of PSB raids and summons
  2. 2 Genuineness of supporting documents (summons, inmate visiting card, passports/visas)
  3. 3 Whether claimant faces persecution for practicing Catholicism or proselytizing in Guangdong

Ratio Decidendi

The panel rejected the claimant's credibility on key facts (PSB pursuit, authenticity of documents, ability to exit China undetected) and, relying on country documentation showing regional tolerance in Guangdong and lack of evidence of persecution of ordinary parishioners, concluded on the balance of probabilities there is no serious possibility of persecution; therefore the claimant is neither a Convention refugee nor a person in need of protection.

Court Disposition

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

Orders

  • Refugee protection claim refused