TA7-15513

TA7-15513

The panel rejected the refugee claim because, on a balance of probabilities, the claimant was not a credible witness given material inconsistencies and implausibilities, there was no reliable corroboration, documentary country evidence indicated Fujian Province does not show recent persecution of Protestants, and therefore there is no serious possibility of persecution or need for protection; the claim was also found not made in good faith.

Citation
TA7-15513
Parties
Claimant: XXXXX XXXXX XXXXX; Respondent: Minister (respondent)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
23 September 2009
Procedural Posture
Refugee Protection (convention Refugee Claim) / Hearing — Decision Rendered
Outcome
Claim dismissed — claimant is neither a Convention refugee nor a person in need of protection
Legal Topics
Credibility, Religious Persecution, Sur Place, Convention Refugee Status, Protection Claim, Freedom of Religion, Country Condition Evidence
Source Language
English
Immigration Refugee Law Administrative Law Human Rights Religious Freedom Credibility Religious Persecution Sur Place +4 more

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Parties

XXXXX XXXXX XXXXX

Claimant

Minister (respondent)

Respondent

Procedural Posture

Refugee Protection (convention Refugee Claim) / Hearing — Decision Rendered

Legal Issues

  1. 1 Credibility of claimant's testimony and documentary record
  2. 2 Whether claimant established a well-founded fear of persecution for a Convention ground (religion)
  3. 3 Whether claimant is a person in need of protection (risk to life, cruel and unusual treatment, torture)

Ratio Decidendi

The panel rejected the refugee claim because, on a balance of probabilities, the claimant was not a credible witness given material inconsistencies and implausibilities, there was no reliable corroboration, documentary country evidence indicated Fujian Province does not show recent persecution of Protestants, and therefore there is no serious possibility of persecution or need for protection; the claim was also found not made in good faith.

Court Disposition

Claim dismissed — claimant is neither a Convention refugee nor a person in need of protection

Orders

  • Refugee protection claim rejected; no protection granted