TA9-09857

TA9-09857

The claimant's testimony is not credible due to material inconsistencies, implausible foundational events (the alleged miracle and subsequent conduct), failure to produce expected corroborating PSB documentation, and lack of country‑document corroboration; those credibility findings are dispositive and establish there is not a serious possibility of persecution nor a balance‑of‑probabilities risk of torture, death or cruel treatment on return, so the refugee claim fails.

Citation
TA9-09857
Parties
Claimant: XXXX XXXX; Respondent: Minister (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
28 November 2017
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / De Novo Hearing Following Judicial Remittance Order
Outcome
Claimant's refugee protection claim rejected; not a Convention refugee and not a person in need of protection
Legal Topics
Convention Refugee, Sur Place Claim, Religious Persecution, Credibility Findings, Country Condition Corroboration
Source Language
English
Immigration Refugee Law Administrative Law Human Rights Convention Refugee Sur Place Claim Religious Persecution Credibility Findings +1 more

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Parties

XXXX XXXX

Claimant

Minister (Canada)

Respondent

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / De Novo Hearing Following Judicial Remittance Order

Legal Issues

  1. 1 Whether the claimant is a credible witness
  2. 2 Whether the claimant genuinely practices the asserted religion
  3. 3 Whether the claimant faces a serious possibility of persecution on a Convention ground if returned to China

Ratio Decidendi

The claimant's testimony is not credible due to material inconsistencies, implausible foundational events (the alleged miracle and subsequent conduct), failure to produce expected corroborating PSB documentation, and lack of country‑document corroboration; those credibility findings are dispositive and establish there is not a serious possibility of persecution nor a balance‑of‑probabilities risk of torture, death or cruel treatment on return, so the refugee claim fails.

Court Disposition

Claimant's refugee protection claim rejected; not a Convention refugee and not a person in need of protection

Orders

  • Refugee claim dismissed
  • Original documents returned to claimant