TA9-09750

TA9-09750

The panel rejected the claimant's testimony as not credible on a balance of probabilities due to inconsistencies, lack of corroborative documentation, and conduct suggesting an intent to remain in Canada; documentary country evidence demonstrated that small house churches in Shanghai are generally tolerated and there was no persuasive evidence of raids or arrests matching the claimant's account, therefore there was no serious possibility of persecution and the claim was dismissed.

Citation
TA9-09750
Parties
Claimant: XXX XXXX; Respondent: Minister (Respondent)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
23 August 2011
Procedural Posture
Refugee Protection Claim Under IRPA / Decision After Hearing
Outcome
Claim dismissed; claimant is neither a Convention refugee nor a person in need of protection
Legal Topics
Credibility Assessment, Convention Refugee Determination, Person in Need of Protection, Country Conditions, Visitor Visa Status, Work Permit Application
Source Language
English
Refugee Law Immigration Administrative Law Human Rights Freedom of Religion Credibility Assessment Convention Refugee Determination Person in Need of Protection +3 more

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Parties

XXX XXXX

Claimant

Minister (Respondent)

Respondent

Procedural Posture

Refugee Protection Claim Under IRPA / Decision After Hearing

Legal Issues

  1. 1 Whether the claimant is a credible Christian and was pursued by the Public Security Bureau (PSB)
  2. 2 Whether the documentary and country evidence establish a serious possibility of persecution for the claimant in Shanghai
  3. 3 Whether lack of corroborative documentation and claimant conduct undermines the refugee claim

Ratio Decidendi

The panel rejected the claimant's testimony as not credible on a balance of probabilities due to inconsistencies, lack of corroborative documentation, and conduct suggesting an intent to remain in Canada; documentary country evidence demonstrated that small house churches in Shanghai are generally tolerated and there was no persuasive evidence of raids or arrests matching the claimant's account, therefore there was no serious possibility of persecution and the claim was dismissed.

Court Disposition

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