TA5-05671

TA5-05671

On the balance of probabilities the claimant was not and is not wanted by Chinese authorities, the handwritten seizure receipt was not credible and likely fraudulent, country evidence demonstrates tolerance of small unregistered house churches in Guangdong and absence of documented raids there, and the claimant failed to establish a serious possibility of persecution or to show his claim was made in good faith; therefore he is neither a Convention refugee nor a person in need of protection.

Citation
TA5-05671
Parties
Claimant: XXXXX XXXXX XXXXX (a.k.a. XXXXX); Respondent: Minister (Respondent)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
6 February 2009
Procedural Posture
Refugee Protection Claim / Hearing Concluded and Decision Issued by Refugee Protection Division
Outcome
Claim rejected; claimant is neither a Convention refugee nor a person in need of protection
Legal Topics
Convention Refugee, Person in Need of Protection, Persecution, Credibility, Country Conditions, Sur Place Good Faith, Fraudulent Documents, House Churches, Freedom of Religion
Source Language
English
Refugee Law Immigration Law Human Rights Religious Freedom Administrative Law Convention Refugee Person in Need of Protection Persecution +6 more

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Parties

XXXXX XXXXX XXXXX (a.k.a. XXXXX)

Claimant

Minister (Respondent)

Respondent

Procedural Posture

Refugee Protection Claim / Hearing Concluded and Decision Issued by Refugee Protection Division

Legal Issues

  1. 1 Whether claimant is a Convention refugee
  2. 2 Whether claimant is a person in need of protection under Canadian law
  3. 3 Credibility of claimant's account of membership in an underground (house) church

Ratio Decidendi

On the balance of probabilities the claimant was not and is not wanted by Chinese authorities, the handwritten seizure receipt was not credible and likely fraudulent, country evidence demonstrates tolerance of small unregistered house churches in Guangdong and absence of documented raids there, and the claimant failed to establish a serious possibility of persecution or to show his claim was made in good faith; therefore he is 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

Orders

  • Refugee Protection Division rejects the claimant's claim