TB7-16071

TB7-16071

The claim is dismissed because the panel found the claimant not credible on core elements: he lacked fundamental knowledge and ability in Falun Gong inconsistent with his allegations, gave contradictory evidence about PSB inquiries, submitted a summons the panel found fraudulent, and provided insufficient corroboration; on this basis he is not a Convention refugee or person in need of protection and the claim is manifestly unfounded under s.107.1 IRPA.

Citation
TB7-16071
Parties
Claimant: XXXX XXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
15 November 2017
Procedural Posture
Refugee Protection Claim / Final Decision at Hearing
Outcome
Claim dismissed; claimant is not a Convention refugee or person in need of protection; claim found manifestly unfounded under s.107.1 IRPA
Legal Topics
Convention Refugee, Person in Need of Protection, Credibility, Sur Place, Fraudulent Documents, Child Claimant
Source Language
English
Immigration Refugee Law Administrative Law Convention Refugee Person in Need of Protection Credibility Sur Place Fraudulent Documents +1 more

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Parties

XXXX XXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim / Final Decision at Hearing

Legal Issues

  1. 1 Whether claimant is a genuine Falun Gong practitioner
  2. 2 Whether claimant was and remains at risk from Chinese authorities
  3. 3 Credibility of claimant's evidence including summons and supporting documents

Ratio Decidendi

The claim is dismissed because the panel found the claimant not credible on core elements: he lacked fundamental knowledge and ability in Falun Gong inconsistent with his allegations, gave contradictory evidence about PSB inquiries, submitted a summons the panel found fraudulent, and provided insufficient corroboration; on this basis he is not a Convention refugee or person in need of protection and the claim is manifestly unfounded under s.107.1 IRPA.

Court Disposition

Claim dismissed; claimant is not a Convention refugee or person in need of protection; claim found manifestly unfounded under s.107.1 IRPA

Orders

  • Refugee protection claim dismissed
  • Claim declared manifestly unfounded pursuant to s.107.1 IRPA