TA8-15128

TA8-15128

On balance of probabilities the claimant failed to establish identity as a Chinese national and failed to establish that he was a practicing Christian in China or that he faces a serious risk of persecution in Fujian; material inconsistencies and doubtful authenticity of identity documents together with reliable country evidence rebut the claimant's testimony and presumption of truth, so the RPD rejects the claim as neither a Convention refugee nor a person in need of protection.

Citation
TA8-15128
Parties
Claimant: XXX XXXX; Respondent: Minister of Citizenship and Immigration
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
25 January 2011
Procedural Posture
Refugee Protection Claim Under IRPA (ss.96 & 97(1)) / Refugee Protection Division Decision (hearing Held Nov 17, 2010 and Jan 11, 2011; Decision Jan 25, 2011)
Outcome
Claim rejected: claimant is neither a Convention refugee nor a person in need of protection.
Legal Topics
Identity Documents, Religious Persecution, Sur‑place Claims and Good Faith, Credibility Findings, Country Conditions (china/fujian)
Source Language
English
Refugee Law Immigration Law Administrative Law Evidence Law Identity Documents Religious Persecution Sur‑place Claims and Good Faith Credibility Findings +1 more

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Parties

XXX XXXX

Claimant

Minister of Citizenship and Immigration

Respondent

Procedural Posture

Refugee Protection Claim Under IRPA (ss.96 & 97(1)) / Refugee Protection Division Decision (hearing Held Nov 17, 2010 and Jan 11, 2011; Decision Jan 25, 2011)

Legal Issues

  1. 1 Whether the claimant is a citizen of the People's Republic of China
  2. 2 Whether the claimant is or was a practicing Christian in China
  3. 3 Authenticity of identity documents (RIC, hukou, PR voucher)

Ratio Decidendi

On balance of probabilities the claimant failed to establish identity as a Chinese national and failed to establish that he was a practicing Christian in China or that he faces a serious risk of persecution in Fujian; material inconsistencies and doubtful authenticity of identity documents together with reliable country evidence rebut the claimant's testimony and presumption of truth, so the RPD rejects the claim as neither a Convention refugee nor a person in need of protection.

Court Disposition

Claim rejected: claimant is neither a Convention refugee nor a person in need of protection.