TA9-17967

TA9-17967

The claimant failed to establish identity or residency at the material time, submitted multiple documents found or assessed to be non‑genuine or tampered with, his testimony was not credible, and country evidence shows no serious possibility of persecution for practicing Christianity in Fujian; therefore the claim is rejected on the balance of probabilities.

Citation
TA9-17967
Parties
Claimant: XXXX XXXX; Respondent: Minister; Designated Representative: XXXX XXXX XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
2 May 2012
Procedural Posture
Refugee Protection Claim (convention Refugee and Person in Need of Protection) / Hearing Concluded; Decision Issued May 2, 2012
Outcome
Claim dismissed; claimant is neither a Convention refugee nor a person in need of protection.
Legal Topics
Credibility, Identity Documents, Religious Freedom, Country Conditions, Forensic Document Examination, Mental Health Assessment
Source Language
English
Immigration and Refugee Law Administrative Law Evidence Law Credibility Identity Documents Religious Freedom Country Conditions Forensic Document Examination +1 more

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Parties

XXXX XXXX

Claimant

Minister

Respondent

XXXX XXXX XXXX XXXX

Designated Representative

Procedural Posture

Refugee Protection Claim (convention Refugee and Person in Need of Protection) / Hearing Concluded; Decision Issued May 2, 2012

Legal Issues

  1. 1 Whether the claimant is a Chinese national and resident of Fujian at the material time
  2. 2 Whether the claimant's testimony and Personal Information Form are credible
  3. 3 Whether identity documents submitted are genuine

Ratio Decidendi

The claimant failed to establish identity or residency at the material time, submitted multiple documents found or assessed to be non‑genuine or tampered with, his testimony was not credible, and country evidence shows no serious possibility of persecution for practicing Christianity in Fujian; therefore the claim is rejected on the balance of probabilities.

Court Disposition

Claim dismissed; claimant is neither a Convention refugee nor a person in need of protection.

Orders

  • Refugee claim rejected