TB2-04539

TB2-04539

On the balance of probabilities the claimant's account is not credible: inconsistencies about practice and precautions, implausible account of the PSB raid and escape, lack of corroboration and family repercussions, and implausibility of exiting China through Beijing given the Golden Shield lead to rejection of both the Convention refugee and sur place claims; consequently there is no serious probability of persecution or risk of torture on return.

Citation
TB2-04539
Parties
Claimant: XXXX XXXX; Respondent: Minister (Respondent)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
11 May 2018
Procedural Posture
Refugee Protection Claim (irpa Ss.96 97) / Final Decision of Refugee Protection Division (merits)
Outcome
Claim rejected; not a Convention refugee and not a person in need of protection
Legal Topics
Credibility Assessment, Convention Refugee Determination, Sur Place Claim, Persecution Risk, Risk of Torture, Identity Verification, Country Documentation (golden Shield)
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Assessment Convention Refugee Determination Sur Place Claim Persecution Risk Risk of Torture +2 more

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Parties

XXXX XXXX

Claimant

Minister (Respondent)

Respondent

Procedural Posture

Refugee Protection Claim (irpa Ss.96 97) / Final Decision of Refugee Protection Division (merits)

Legal Issues

  1. 1 Whether the claimant is a Convention refugee under s.96 IRPA
  2. 2 Whether the claimant is a person in need of protection under s.97(1) IRPA
  3. 3 Credibility of claimant's account of Falun Gong practice in China

Ratio Decidendi

On the balance of probabilities the claimant's account is not credible: inconsistencies about practice and precautions, implausible account of the PSB raid and escape, lack of corroboration and family repercussions, and implausibility of exiting China through Beijing given the Golden Shield lead to rejection of both the Convention refugee and sur place claims; consequently there is no serious probability of persecution or risk of torture on return.

Court Disposition

Claim rejected; not a Convention refugee and not a person in need of protection

Orders

  • Refugee Protection Division rejects the claimant's claim; claimant is not a Convention refugee pursuant to s.96 IRPA and is not a person in need of protection pursuant to s.97(1) IRPA