TB2-11586

TB2-11586

The Board found the claimant lacked general credibility, rejected his evidence that he practiced Falun Gong in China and that he was being pursued by the PSB, concluded he is not a genuine Falun Gong practitioner in Canada, and therefore on a balance of probabilities would not face a serious possibility of persecution on a Convention ground; claim rejected.

Citation
TB2-11586
Parties
Claimant: XXXX XXXX; Respondent: Minister (Canada)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
23 May 2018
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing and Decision by the Refugee Protection Division
Outcome
Refugee protection claim rejected by the Refugee Protection Division
Legal Topics
Refugee Protection, Credibility Assessment, Sur Place Claim, Persecution, Falun Gong
Source Language
English
Immigration Law Refugee Law Administrative Law Refugee Protection Credibility Assessment Sur Place Claim Persecution Falun Gong

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Parties

XXXX XXXX

Claimant

Minister (Canada)

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the claimant is a genuine Falun Gong practitioner in China or Canada
  2. 2 Whether the claimant is credible
  3. 3 Whether the claimant faces a serious possibility of persecution on a Convention ground if returned to China

Ratio Decidendi

The Board found the claimant lacked general credibility, rejected his evidence that he practiced Falun Gong in China and that he was being pursued by the PSB, concluded he is not a genuine Falun Gong practitioner in Canada, and therefore on a balance of probabilities would not face a serious possibility of persecution on a Convention ground; claim rejected.

Court Disposition

Refugee protection claim rejected by the Refugee Protection Division