TA4-12906

TA4-12906

On a balance of probabilities the claimant was not a credible or trustworthy witness, key allegations were inconsistent or implausible, documentary evidence was likely fabricated, and therefore the claimant does not have a well-founded fear of persecution or face a risk of torture on return to the PRC.

Citation
TA4-12906
Parties
Claimant: XXX XXXX; Refugee Protection Officer: Refugee Protection Officer; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
1 December 2005
Procedural Posture
Refugee Protection / Final Decision (refugee Protection Division)
Outcome
claim dismissed; claimant is not a Convention refugee and not a person in need of protection
Legal Topics
Convention Refugee, Person in Need of Protection, Credibility Assessment, Political/religious Persecution, Falun Gong, Documentary Evidence, Country Conditions
Source Language
English
Immigration and Refugee Law Administrative Law Human Rights Convention Refugee Person in Need of Protection Credibility Assessment Political/religious Persecution Falun Gong +2 more

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Parties

XXX XXXX

Claimant

Refugee Protection Officer

Refugee Protection Officer

Minister

Respondent

Procedural Posture

Refugee Protection / Final Decision (refugee Protection Division)

Legal Issues

  1. 1 whether claimant is a credible Falun Gong practitioner
  2. 2 whether claimant faces a well-founded fear of persecution on return to PRC
  3. 3 whether documentary evidence is genuine and entitled to weight

Ratio Decidendi

On a balance of probabilities the claimant was not a credible or trustworthy witness, key allegations were inconsistent or implausible, documentary evidence was likely fabricated, and therefore the claimant does not have a well-founded fear of persecution or face a risk of torture on return to the PRC.

Court Disposition

claim dismissed; claimant is not a Convention refugee and not a person in need of protection