TA5-11533

On balance of probabilities the panel found the claimant not a credible and trustworthy witness and not a genuine Christian practitioner in China or Canada; lacking credible evidence of persecution or a real risk of serious harm from the PSB, the claimant does not qualify as a Convention refugee nor as a person in need of protection.

Citation: TA5-11533
Parties: Claimant: XXXXX XXXXX; Respondent: Minister (Canada)
Court: Refugee Protection Division
Jurisdiction: Canada
Judgment Date: 4 July 2006
Procedural Posture: Refugee Protection Claim (convention Refugee and Person in Need of Protection) / Hearing Before Refugee Protection Division; Final Decision Dated 04 July 2006
Outcome: Claim dismissed; claimant found not to be a Convention refugee and not to be a person in need of protection
Legal Topics: Religious Belief, Credibility Assessment, Persecution, Protection Claim, Country Conditions China
Source Language: English

Refugee Law Immigration Law Administrative Law Religious Belief Credibility Assessment Persecution Protection Claim Country Conditions China

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Full judgment text Legal principles 7 Authorities cited 7 Party arguments 2

Parties

XXXXX XXXXX

Claimant

Minister (Canada)

Respondent

Procedural Posture

Refugee Protection Claim (convention Refugee and Person in Need of Protection) / Hearing Before Refugee Protection Division; Final Decision Dated 04 July 2006

Legal Issues

1 Whether the claimant is a Convention refugee
2 Whether the claimant is a person in need of protection
3 Whether the claimant was a genuine Christian at the relevant time

Ratio Decidendi

Court Disposition

Claim dismissed; claimant found not to be a Convention refugee and not to be a person in need of protection