TB0-03782

TB0-03782

The panel rejected the claim because it found the claimant's account and supporting documents not credible or trustworthy, failed to establish a nexus between the claimant's activities and persecution, and did not demonstrate a real risk of persecution, torture or cruel and unusual treatment on return to China.

Citation
TB0-03782
Parties
Claimant: XXXX XXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
7 March 2013
Procedural Posture
Refugee Protection Claim (irpa Ss.96 97) / Decision Refugee Protection Division
Outcome
Claim rejected; claimant is neither a Convention refugee nor a person in need of protection.
Legal Topics
Credibility Assessment, Persecution for Religion or Belief, Falun Gong, Medical Evidence, Risk of Torture or Cruel and Unusual Treatment
Source Language
English
Immigration Law Refugee Law Human Rights Credibility Assessment Persecution for Religion or Belief Falun Gong Medical Evidence Risk of Torture or Cruel and Unusual Treatment

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Parties

XXXX XXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim (irpa Ss.96 97) / Decision Refugee Protection Division

Legal Issues

  1. 1 Whether claimant is a Convention refugee under s.96 IRPA
  2. 2 Whether claimant faces persecution for practising Falun Gong
  3. 3 Credibility and reliability of claimant's testimony and documentary evidence

Ratio Decidendi

The panel rejected the claim because it found the claimant's account and supporting documents not credible or trustworthy, failed to establish a nexus between the claimant's activities and persecution, and did not demonstrate a real risk of persecution, torture or cruel and unusual treatment on return to China.

Court Disposition

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

Orders

  • Refugee Protection Division decision dated March 7, 2013 rejecting the claim