TB2-00572

TB2-00572

On the balance of probabilities the claimant's account is not credible: the alleged raid and pursuit lack objective corroboration and conflict with country evidence about Jiangxi province; the disclosed documents are non‑coercive or likely fraudulent and the claimant used a fraudulent passport; therefore he did not establish persecution or a well‑founded fear under ss.96 and 97(1) IRPA and the claim is dismissed.

Citation
TB2-00572
Parties
Claimant: XXXX XXXX; Respondent: Minister (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
21 November 2018
Procedural Posture
Refugee Protection Claim (irpa Ss.96,97(1)) / Hearing and Decision (panel Reasons)
Outcome
Claim dismissed; claimant is neither a Convention refugee nor a person in need of protection.
Legal Topics
Convention Refugee, Person in Need of Protection, Credibility, Religious Persecution, Sur Place, Country Evidence, Fraudulent Documents
Source Language
English
Immigration Law Refugee Law Administrative Law Convention Refugee Person in Need of Protection Credibility Religious Persecution Sur Place +2 more

Case Brief

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Parties

XXXX XXXX

Claimant

Minister (Canada)

Respondent

Procedural Posture

Refugee Protection Claim (irpa Ss.96,97(1)) / Hearing and Decision (panel Reasons)

Legal Issues

  1. 1 Whether the claimant was a member of a house church that was raided by the Public Security Bureau (PSB)
  2. 2 Whether the PSB pursued the claimant after the alleged raid
  3. 3 Authenticity and probative value of the chuanpiao and alleged arrest summons/warrant

Ratio Decidendi

On the balance of probabilities the claimant's account is not credible: the alleged raid and pursuit lack objective corroboration and conflict with country evidence about Jiangxi province; the disclosed documents are non‑coercive or likely fraudulent and the claimant used a fraudulent passport; therefore he did not establish persecution or a well‑founded fear under ss.96 and 97(1) IRPA and the claim is dismissed.

Court Disposition

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

Orders

  • Claim dismissed