TB2-06401

TB2-06401

Applying the Zeng test the panel found the claimants previously had Peruvian permanent resident status and lost it by operation of Peruvian law (absence over the statutory period); the loss was voluntary on the balance of probabilities given evidence of pre‑planning and use of a snakehead and the availability of return to Peru; the principal claimant and wife were not credible as genuine Falun Gong practitioners and thus not at risk in China; minors failed to establish risk in Peru; therefore Article 1E / s.98 exclusion applied and the claims under ss.96 and 97(1) IRPA fail.

Citation
TB2-06401
Parties
Principal Claimant: XXXX XXXX; Wife: XXXX XXXX; Daughter: XXXX XXXX; Daughter: XXXX XXXX XXXX; Respondent: Minister (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
5 April 2018
Procedural Posture
Refugee Protection Claim / RPD Decision
Outcome
Claims rejected; claimants are neither Convention refugees nor persons in need of protection
Legal Topics
Article 1 E Exclusion, Loss of Third‑country Residence, Credibility Assessment, Risk of Persecution, Family Claims
Source Language
English
Immigration Law Refugee Law Administrative Law Article 1 E Exclusion Loss of Third‑country Residence Credibility Assessment Risk of Persecution Family Claims

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Parties

XXXX XXXX

Principal Claimant

XXXX XXXX

Wife

XXXX XXXX

Daughter

XXXX XXXX XXXX

Daughter

Minister (Canada)

Respondent

Procedural Posture

Refugee Protection Claim / RPD Decision

Legal Issues

  1. 1 Whether the claimants are excluded under s.98 IRPA / Article 1E by virtue of Peruvian residence rights
  2. 2 Whether the principal claimant and family lost Peruvian permanent resident status and if that loss was voluntary
  3. 3 Whether the principal claimant and his wife are genuine Falun Gong practitioners and at risk in China

Ratio Decidendi

Applying the Zeng test the panel found the claimants previously had Peruvian permanent resident status and lost it by operation of Peruvian law (absence over the statutory period); the loss was voluntary on the balance of probabilities given evidence of pre‑planning and use of a snakehead and the availability of return to Peru; the principal claimant and wife were not credible as genuine Falun Gong practitioners and thus not at risk in China; minors failed to establish risk in Peru; therefore Article 1E / s.98 exclusion applied and the claims under ss.96 and 97(1) IRPA fail.

Court Disposition

Claims rejected; claimants are neither Convention refugees nor persons in need of protection

Orders

  • Refugee claims pursuant to ss.96 and 97(1) IRPA denied
  • No protection granted