TB2-12800

TB2-12800

Claim dismissed because the panel made multiple adverse credibility findings undermining the claimant's core allegations (summons, visits, arrests and sur place conversion), and reliable country evidence shows Hunan Province does not demonstrate a serious possibility of persecution for unregistered Christian practice while family planning measures constitute fines or administrative penalties of general application rather than persecutory measures; on balance of probabilities claimant not at risk of persecution, torture or cruel and unusual treatment.

Citation
TB2-12800
Parties
Claimant: XXXX XXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
11 December 2018
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Decision by Refugee Protection Division
Outcome
Refugee claim rejected; no protection granted
Legal Topics
Credibility Assessment, Sur Place Claims, Religious Persecution, Family Planning Policy, Risk of Torture
Source Language
English
Immigration Refugee Law Administrative Law Human Rights Credibility Assessment Sur Place Claims Religious Persecution Family Planning Policy +1 more

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Parties

XXXX XXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Decision by Refugee Protection Division

Legal Issues

  1. 1 Credibility of claimant's testimony
  2. 2 Whether claimant is an underground Christian practitioner (identification)
  3. 3 Objective basis for a risk of persecution on Convention grounds

Ratio Decidendi

Claim dismissed because the panel made multiple adverse credibility findings undermining the claimant's core allegations (summons, visits, arrests and sur place conversion), and reliable country evidence shows Hunan Province does not demonstrate a serious possibility of persecution for unregistered Christian practice while family planning measures constitute fines or administrative penalties of general application rather than persecutory measures; on balance of probabilities claimant not at risk of persecution, torture or cruel and unusual treatment.

Court Disposition

Refugee claim rejected; no protection granted

Orders

  • Claimant's refugee protection claim is rejected by the Refugee Protection Division
  • No finding of a serious possibility of persecution, or of a personal risk to life, torture or cruel and unusual treatment