TA5-15862

TA5-15862

The claimant's refugee claim is rejected because on a balance of probabilities the panel found the claimant not credible due to material inconsistencies in testimony about underground church practices, failure to explain why no receipt was issued for an alleged seized Bible when country documents indicate receipts are issued, and the implausibility of the claimant leaving China on a genuine passport while allegedly wanted; therefore there is no serious possibility of persecution or risk of torture and the claimant is neither a Convention refugee nor a person in need of protection.

Citation
TA5-15862
Parties
Claimant: XXXXX XX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
29 May 2007
Procedural Posture
Refugee Protection Claim / Hearing and Decision at Refugee Protection Division
Outcome
Claim rejected; claimant is neither a Convention refugee nor a person in need of protection.
Legal Topics
Freedom of Religion, Credibility and Weight of Testimony, Persecution, Risk of Torture or Cruel and Unusual Treatment, Country of Origin Information, Exit Controls and Corruption
Source Language
English
Immigration Refugee Law Administrative Law Freedom of Religion Credibility and Weight of Testimony Persecution Risk of Torture or Cruel and Unusual Treatment Country of Origin Information +1 more

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Parties

XXXXX XX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim / Hearing and Decision at Refugee Protection Division

Legal Issues

  1. 1 Whether claimant is a Convention refugee
  2. 2 Whether claimant is a person in need of protection
  3. 3 Assessment of claimant credibility and inconsistencies in testimony

Ratio Decidendi

The claimant's refugee claim is rejected because on a balance of probabilities the panel found the claimant not credible due to material inconsistencies in testimony about underground church practices, failure to explain why no receipt was issued for an alleged seized Bible when country documents indicate receipts are issued, and the implausibility of the claimant leaving China on a genuine passport while allegedly wanted; therefore there is no serious possibility of persecution or risk of torture and the claimant is neither a Convention refugee nor a person in need of protection.

Court Disposition

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

Orders

  • Refugee Protection Division denies the claim for refugee protection and protection status is refused.