TA5-06135

TA5-06135

On the balance of probabilities the claimant was found not to be a credible and trustworthy witness, the evidence (including the alleged summons) was not authentic or corroborative, the claimant is not sought by the PSB, and therefore he does not have a well‑founded fear of persecution nor is he a person in need of protection; claim dismissed.

Citation
TA5-06135
Parties
Claimant: XXXXX XXXXX XXXXX; Refugee Protection Officer: Refugee Protection Officer; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
7 April 2006
Procedural Posture
Convention Refugee and Person in Need of Protection Claim / Hearing and Decision (refugee Protection Division)
Outcome
Claim dismissed; negative decision — claimant is not a Convention refugee and not a person in need of protection
Legal Topics
Credibility, Religious Persecution, Convention Refugee, Person in Need of Protection, Sur Place, Country Conditions, Evidence Fabrication
Source Language
English
Immigration Refugee Law Administrative Law Credibility Religious Persecution Convention Refugee Person in Need of Protection Sur Place +2 more

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Parties

XXXXX XXXXX XXXXX

Claimant

Refugee Protection Officer

Refugee Protection Officer

Minister

Respondent

Procedural Posture

Convention Refugee and Person in Need of Protection Claim / Hearing and Decision (refugee Protection Division)

Legal Issues

  1. 1 Whether the claimant is a credible and trustworthy witness
  2. 2 Whether the claimant was a member of an underground church in China and is being sought by the PSB
  3. 3 Whether the claimant has a well-founded fear of persecution or is a person in need of protection

Ratio Decidendi

On the balance of probabilities the claimant was found not to be a credible and trustworthy witness, the evidence (including the alleged summons) was not authentic or corroborative, the claimant is not sought by the PSB, and therefore he does not have a well‑founded fear of persecution nor is he a person in need of protection; claim dismissed.

Court Disposition

Claim dismissed; negative decision — claimant is not a Convention refugee and not a person in need of protection

Orders

  • Claim denied; no protection granted