TA5-15647

TA5-15647

The claimant's account was not credible on a balance of probabilities (inconsistent reasons for joining the alleged underground church, contradiction with documentary evidence about employment and family, and implausible explanation for leaving via Beijing airport while allegedly wanted); accordingly he failed to establish membership or that he was wanted by authorities and thus failed to establish a well‑founded fear of persecution or a personal risk of torture or cruel and unusual treatment, so the claim is rejected.

Citation
TA5-15647
Parties
Claimant: XXXXX XXXXX; Respondent: Minister (Canada); Adjudicator: Diane L. Tinker
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
31 October 2007
Procedural Posture
Refugee Protection/convention Refugee Claim / Decision After Hearing
Outcome
Claim rejected; claimant determined to be neither a Convention refugee nor a person in need of protection.
Legal Topics
Religious Persecution, Membership of Underground Church, Credibility Assessment, Risk of Torture/cruel and Unusual Treatment, Exit Controls/immigration Screening
Source Language
English
Immigration Law Refugee Law Administrative Law Human Rights Religious Persecution Membership of Underground Church Credibility Assessment Risk of Torture/cruel and Unusual Treatment +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

XXXXX XXXXX

Claimant

Minister (Canada)

Respondent

Diane L. Tinker

Adjudicator

Procedural Posture

Refugee Protection/convention Refugee Claim / Decision After Hearing

Legal Issues

  1. 1 Whether the claimant is a Convention refugee because of persecution for religion
  2. 2 Whether the claimant is a person in need of protection due to risk to life or risk of torture/cruel and unusual treatment
  3. 3 Whether the claimant's evidence of membership of an underground church and being wanted by authorities is credible

Ratio Decidendi

The claimant's account was not credible on a balance of probabilities (inconsistent reasons for joining the alleged underground church, contradiction with documentary evidence about employment and family, and implausible explanation for leaving via Beijing airport while allegedly wanted); accordingly he failed to establish membership or that he was wanted by authorities and thus failed to establish a well‑founded fear of persecution or a personal risk of torture or cruel and unusual treatment, so the claim is rejected.

Court Disposition

Claim rejected; claimant determined to be neither a Convention refugee nor a person in need of protection.

Orders

  • Refugee claim rejected by the Refugee Protection Division