TA9-24143

TA9-24143

The claim is rejected because the Tribunal found the claimant not credible based on material inconsistencies between his PIF and testimony, and contemporaneous medical records that were deemed false, leading to the conclusion that he failed to prove a serious possibility of persecution or a risk of torture;...

Source-derived case information.

Citation
TA9-24143
Parties
Claimant: XXXX XXXX; Respondent: Minister of Citizenship and Immigration
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
28 February 2013
Procedural Posture
Refugee Protection Claim Under IRPA Ss.96 97 / Final Decision on Merits (refugee Protection Division)
Outcome
Claim rejected; claimant is not a Convention refugee and not a person in need of protection.
Legal Topics
Religious Persecution, Credibility, False Documentation, Risk of Torture, Well Founded Fear, Protection
Source Language
english
Immigration Refugee Law Administrative Law Human Rights Religious Persecution Credibility False Documentation Risk of Torture +2 more

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Parties

XXXX XXXX

Claimant

Minister of Citizenship and Immigration

Respondent

Procedural Posture

Refugee Protection Claim Under IRPA Ss.96 97 / Final Decision on Merits (refugee Protection Division)

Legal Issues

  1. 1 Credibility of claimant's testimony
  2. 2 Authenticity of medical documents
  3. 3 Whether claimant faces persecution for practising Falun Gong

Ratio Decidendi

The claim is rejected because the Tribunal found the claimant not credible based on material inconsistencies between his PIF and testimony, and contemporaneous medical records that were deemed false, leading to the conclusion that he failed to prove a serious possibility of persecution or a risk of torture; accordingly he is not a Convention refugee nor a person in need of protection.

Court Disposition

Claim rejected; claimant is not a Convention refugee and not a person in need of protection.