TA8-07768

TA8-07768

Because the claimant's PIF and oral testimony contained material omissions and inconsistencies, corroborative documents were late or of questionable weight, and reliable country evidence indicates low risk to Christians in Fujian, the panel found on the balance of probabilities that the claimant was not an underground church member nor pursued by authorities and therefore not a Convention refugee or person in need of protection.

Citation
TA8-07768
Parties
Claimant: XXXXX XXXXX XXXXX; Respondent: Minister (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
9 July 2010
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Decision (first Instance)
Outcome
Claim rejected; claimant is neither a Convention refugee nor a person in need of protection
Legal Topics
Credibility, Freedom of Religion, Country Conditions, Evidence Authenticity, Personal Information Form Omissions, Identity Documents
Source Language
English
Immigration Refugee Protection Administrative Law Credibility Freedom of Religion Country Conditions Evidence Authenticity Personal Information Form Omissions +1 more

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Parties

XXXXX XXXXX XXXXX

Claimant

Minister (Canada)

Respondent

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Decision (first Instance)

Legal Issues

  1. 1 Whether the claimant genuinely was a member of an underground Christian house church in China
  2. 2 Whether the claimant is being pursued by the Public Security Bureau (PSB) or wanted for arrest
  3. 3 Whether the claimant would face a serious possibility of persecution in Fujian province for practicing Christianity

Ratio Decidendi

Because the claimant's PIF and oral testimony contained material omissions and inconsistencies, corroborative documents were late or of questionable weight, and reliable country evidence indicates low risk to Christians in Fujian, the panel found on the balance of probabilities that the claimant was not an underground church member nor pursued by authorities and therefore not a Convention refugee or person in need of protection.

Court Disposition

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

Orders

  • Refugee protection claim denied by RPD; decision dated July 9, 2010