TA5-03743

TA5-03743

The panel found the claimant's key factual assertions not credible and, given the reliable documentary country evidence about Chinese censorship and monitoring, preferred that evidence; because the claimant failed to establish the alleged activities and risk on a balance of probabilities or serious possibility, she did not prove membership in a particular social group or a well-founded fear of persecution or risk of torture, and the claim fails.

Citation
TA5-03743
Parties
Claimant: XXXXX XXXXX XXXXX; Respondent: Minister (respondent)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
17 November 2005
Procedural Posture
Refugee Protection Claim (refugee Protection Division) / Decision Following Hearing
Outcome
Claim dismissed; claimant found not to be a Convention refugee and not to be a person in need of protection.
Legal Topics
Convention Refugee, Persecution, Particular Social Group, Credibility, Protection Claim, Torture and Ill Treatment, Political Opinion, Freedom of Movement
Source Language
English
Refugee Law Immigration International Protection Human Rights Convention Refugee Persecution Particular Social Group Credibility +4 more

Case Brief

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Parties

XXXXX XXXXX XXXXX

Claimant

Minister (respondent)

Respondent

Procedural Posture

Refugee Protection Claim (refugee Protection Division) / Decision Following Hearing

Legal Issues

  1. 1 Whether claimant is a member of a particular social group (Falun Gong practitioners)
  2. 2 Whether claimant has a well-founded fear of persecution on a Convention ground
  3. 3 Credibility of claimant's account of copying/distributing Falun Gong materials and detention of her father

Ratio Decidendi

The panel found the claimant's key factual assertions not credible and, given the reliable documentary country evidence about Chinese censorship and monitoring, preferred that evidence; because the claimant failed to establish the alleged activities and risk on a balance of probabilities or serious possibility, she did not prove membership in a particular social group or a well-founded fear of persecution or risk of torture, and the claim fails.

Court Disposition

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