TA7-13670

TA7-13670

The panel found the claimant's testimony about attending patriotic churches in China to be invented and her sur place claim not made in good faith; corroborating country documents show registered churches use the standard Bible and do not impose doctrinal constraints amounting to persecution; therefore the claimant failed to prove on a balance of probabilities a serious possibility of persecution or a risk to life, torture or cruel treatment in China.

Citation
TA7-13670
Parties
Claimant: XXXXX XXXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
30 June 2009
Procedural Posture
Refugee Protection Claim / Hearing and Decision by Refugee Protection Division
Outcome
Claim rejected; claimant is neither a Convention refugee nor a person in need of protection
Legal Topics
Sur Place Claim, Credibility, Religious Persecution, Convention Refugee, Person in Need of Protection
Source Language
English
Refugee Law Immigration Freedom of Religion Administrative Law Sur Place Claim Credibility Religious Persecution Convention Refugee +1 more

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Parties

XXXXX XXXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim / Hearing and Decision by Refugee Protection Division

Legal Issues

  1. 1 Credibility of claimant's testimony and PIF narrative
  2. 2 Whether claimant can practice Christianity in China without persecution
  3. 3 Whether claimant's sur place claim was made in good faith

Ratio Decidendi

The panel found the claimant's testimony about attending patriotic churches in China to be invented and her sur place claim not made in good faith; corroborating country documents show registered churches use the standard Bible and do not impose doctrinal constraints amounting to persecution; therefore the claimant failed to prove on a balance of probabilities a serious possibility of persecution or a risk to life, torture or cruel treatment in China.

Court Disposition

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

Orders

  • Refugee Protection Division rejects the claimant's refugee protection claim