TB1-12920

TB1-12920

The panel found the claimant not credible due to numerous material inconsistencies, lack of corroboration for alleged PSB actions and arrests, implausibility of exiting China on his passport given documented exit controls, and unjustified delay in seeking protection in Canada; on the balance of probabilities those credibility findings defeat both the subjective and objective elements of the refugee definition and the s.97(1) protection threshold, therefore the claim is rejected.

Citation
TB1-12920
Parties
Claimant: XXXX XXXX XXXX; Respondent: Minister (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
19 February 2014
Procedural Posture
Refugee Protection / Final Decision
Outcome
Claim rejected; claimant is not a Convention refugee and not a person in need of protection pursuant to s.96 and s.97(1) of the Immigration and Refugee Protection Act.
Legal Topics
Convention Refugee Determination, Person in Need of Protection (s.97(1)), Credibility Assessment, Religious Persecution (christians in China), Delay in Claiming, Smuggling / Irregular Migration, Country Conditions Evidence
Source Language
English
Immigration Law Refugee Law Administrative Law Convention Refugee Determination Person in Need of Protection (s.97(1)) Credibility Assessment Religious Persecution (christians in China) Delay in Claiming +2 more

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Parties

XXXX XXXX XXXX

Claimant

Minister (Canada)

Respondent

Procedural Posture

Refugee Protection / Final Decision

Legal Issues

  1. 1 Identity of claimant
  2. 2 Credibility of testimony
  3. 3 Whether claimant has subjective fear of persecution

Ratio Decidendi

The panel found the claimant not credible due to numerous material inconsistencies, lack of corroboration for alleged PSB actions and arrests, implausibility of exiting China on his passport given documented exit controls, and unjustified delay in seeking protection in Canada; on the balance of probabilities those credibility findings defeat both the subjective and objective elements of the refugee definition and the s.97(1) protection threshold, therefore the claim is rejected.

Court Disposition

Claim rejected; claimant is not a Convention refugee and not a person in need of protection pursuant to s.96 and s.97(1) of the Immigration and Refugee Protection Act.

Orders

  • Refugee protection claim rejected
  • No protection awarded under section 97(1) (Convention Against Torture)