VA8-04404

VA8-04404

Because the claimant omitted his alleged religious persecution at the initial interview without a credible explanation, provided inconsistent accounts, failed to produce any corroborative evidence, and the country evidence established Fujian province tolerates unregistered Protestant house churches, the claimant's allegations were not credible and he failed to prove a serious possibility of persecution or section 97 risks; therefore he is not a Convention refugee nor a person in need of protection.

Citation
VA8-04404
Parties
Claimant: XXXXX XXXXX; Respondent: Minister (Respondent); Tribunal: Refugee Protection Division Panel
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
23 July 2010
Procedural Posture
Refugee Protection Claim (convention Refugee / Person in Need of Protection) / Decision After Merits Hearing (rpd Reasons and Decision)
Outcome
Claim denied; claimant is neither a Convention refugee nor a person in need of protection.
Legal Topics
Convention Refugee, Protection Claim, Religious Persecution, Credibility Findings, Sur Place Claim, Risk of Torture/cruel and Unusual Treatment
Source Language
English
Refugee Law Immigration Administrative Law Human Rights Convention Refugee Protection Claim Religious Persecution Credibility Findings +2 more

Case Brief

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Parties

XXXXX XXXXX

Claimant

Minister (Respondent)

Respondent

Refugee Protection Division Panel

Tribunal

Procedural Posture

Refugee Protection Claim (convention Refugee / Person in Need of Protection) / Decision After Merits Hearing (rpd Reasons and Decision)

Legal Issues

  1. 1 Whether claimant is a Convention refugee due to religious persecution in China
  2. 2 Whether claimant faces a risk to life or risk of cruel and unusual treatment or torture (section 97 risk)
  3. 3 Credibility of claimant given omissions at port of entry and lack of corroboration

Ratio Decidendi

Because the claimant omitted his alleged religious persecution at the initial interview without a credible explanation, provided inconsistent accounts, failed to produce any corroborative evidence, and the country evidence established Fujian province tolerates unregistered Protestant house churches, the claimant's allegations were not credible and he failed to prove a serious possibility of persecution or section 97 risks; therefore he is not a Convention refugee nor a person in need of protection.

Court Disposition

Claim denied; claimant is neither a Convention refugee nor a person in need of protection.

Orders

  • Claim dismissed; refugee protection claim rejected