TB2-12605

TB2-12605

On balance of probabilities the panel found the claimants had voluntarily relinquished Honduran residency, could return to Honduras and reacquire residency via the minor's Honduran citizenship, and failed to credibly corroborate the alleged 2012 rape and PSB pursuit; accordingly they are excluded under Article 1E and, alternatively, their claims on the merits fail because there is insufficient credible evidence of persecution in China (no evidence of forced sterilization in Guangdong since 2012 and lack of credible PSB pursuit), therefore claims are dismissed.

Citation
TB2-12605
Parties
Principal Claimant: XXXX XXXX; Associate Claimant: XXXX XXXX; Minor Claimant: XXXX XXXX XXXX; Respondent: Minister (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
15 October 2018
Procedural Posture
Refugee Protection Claim (irpa Ss.96 and 97(1)) / Hearing and Final Decision (reasons Issued)
Outcome
Claims dismissed: principal, associate and minor claimants denied refugee protection and found not to be persons in need of protection
Legal Topics
Article 1 E Exclusion, Credibility Assessment, Sur Place Claims, Family Planning Policy (china), Third‑country Residency Status, Fraudulent Claim, State Protection and Ability to Return
Source Language
English
Immigration Law Refugee Law International Law Administrative Law Article 1 E Exclusion Credibility Assessment Sur Place Claims Family Planning Policy (china) +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 6 Authorities cited 15 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

XXXX XXXX

Principal Claimant

XXXX XXXX

Associate Claimant

XXXX XXXX XXXX

Minor Claimant

Minister (Canada)

Respondent

Procedural Posture

Refugee Protection Claim (irpa Ss.96 and 97(1)) / Hearing and Final Decision (reasons Issued)

Legal Issues

  1. 1 Whether claimants are excluded under Article 1E as having status in Honduras substantially similar to nationals or having lost/accessed such status voluntarily
  2. 2 Credibility of core allegations (rape in Honduras, PSB pursuit in China, Falun Gong practice)
  3. 3 Whether claimants face persecution or serious harm in China (family planning enforcement, Falun Gong persecution)

Ratio Decidendi

On balance of probabilities the panel found the claimants had voluntarily relinquished Honduran residency, could return to Honduras and reacquire residency via the minor's Honduran citizenship, and failed to credibly corroborate the alleged 2012 rape and PSB pursuit; accordingly they are excluded under Article 1E and, alternatively, their claims on the merits fail because there is insufficient credible evidence of persecution in China (no evidence of forced sterilization in Guangdong since 2012 and lack of credible PSB pursuit), therefore claims are dismissed.

Court Disposition

Claims dismissed: principal, associate and minor claimants denied refugee protection and found not to be persons in need of protection

Orders

  • Principal and associate claimants are excluded under Article 1E of the 1951 Refugee Convention
  • All three claims dismissed; no protection granted