TA9-08539

TA9-08539

Adverse credibility findings based on repeated, material discrepancies and omissions between the PIF and oral testimony, absence of corroborating evidence for key events, and the documentary record showing low likelihood of persecution for ordinary Catholic parishioners in Fujian led the panel to conclude on a balance of probabilities that the claimant is neither a Convention refugee nor a person in need of protection.

Citation
TA9-08539
Parties
Claimant: XXXXXXXXXXXXX; Respondent: Minister (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
13 March 2012
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Final Decision by Refugee Protection Division Following Hearing
Outcome
Claim rejected; claimant found neither a Convention refugee nor a person in need of protection.
Legal Topics
Credibility, Genuineness of Religious Belief, Country Conditions, Evidence and Corroboration, Omissions in PIF
Source Language
English
Immigration Refugee Law Religious Freedom Credibility Genuineness of Religious Belief Country Conditions Evidence and Corroboration Omissions in PIF

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Parties

XXXXXXXXXXXXX

Claimant

Minister (Canada)

Respondent

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Final Decision by Refugee Protection Division Following Hearing

Legal Issues

  1. 1 Whether the claimant is a Convention refugee under IRPA
  2. 2 Whether the claimant is a person in need of protection under IRPA
  3. 3 Whether the claimant's PIF and oral testimony are credible and corroborated

Ratio Decidendi

Adverse credibility findings based on repeated, material discrepancies and omissions between the PIF and oral testimony, absence of corroborating evidence for key events, and the documentary record showing low likelihood of persecution for ordinary Catholic parishioners in Fujian led the panel to conclude on a balance of probabilities that the claimant is neither a Convention refugee nor a person in need of protection.

Court Disposition

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

Orders

  • Refugee Protection Division rejects the refugee protection claim; no protection granted.