TA5-12259

On a balance of probabilities the principal claimant is not a credible and trustworthy witness and the claimants were not Falun Gong practitioners in China; consequently they do not face a serious possibility of persecution or a risk to life or danger of torture and the claims are dismissed.

Citation: TA5-12259
Parties: Claimant: XXXXX XXXXX XXXXX; Claimant: XXXXX XXXXX; Respondent: Minister (Canada)
Court: Refugee Protection Division
Jurisdiction: Canada
Judgment Date: 28 September 2006
Procedural Posture: Refugee Protection Claim (convention Refugee and Person in Need of Protection) / Refugee Protection Division Hearing and Decision
Outcome: Claim denied; claimants are not Convention refugees and not persons in need of protection
Legal Topics: Convention Refugee, Person in Need of Protection, Credibility Assessment, Persecution, Religious Practice (falun Gong)
Source Language: English

Immigration Refugee Law Administrative Law Convention Refugee Person in Need of Protection Credibility Assessment Persecution Religious Practice (falun Gong)

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Full judgment text Legal principles 7 Authorities cited 7 Party arguments 2 Amounts and remedies 2

Parties

XXXXX XXXXX XXXXX

Claimant

XXXXX XXXXX

Claimant

Minister (Canada)

Respondent

Procedural Posture

Refugee Protection Claim (convention Refugee and Person in Need of Protection) / Refugee Protection Division Hearing and Decision

Legal Issues

1 Whether the claimants are Convention refugees
2 Whether the claimants are persons in need of protection
3 Assessment of credibility of the principal claimant

Ratio Decidendi

Court Disposition

Claim denied; claimants are not Convention refugees and not persons in need of protection