TA9-04094

TA9-04094

The panel found the claimant's testimony cumulatively not credible and documentary country evidence showed Fujian province is relatively tolerant with no recent documented arrests of lay Christians; on the balance of probabilities an individual lay member from Fujian would not face a serious possibility of persecution if returned. Therefore the claimant failed to meet the IRPA ss.96/97 threshold and is neither a Convention refugee nor a person in need of protection.

Citation
TA9-04094
Parties
Claimant: XXXXX XXXXX; Respondent: Minister (Respondent)
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
5 January 2010
Procedural Posture
Refugee Protection Claim (irpa) / Hearing and Decision (refugee Protection Division)
Outcome
Claim rejected; claimant is neither a Convention refugee nor a person in need of protection
Legal Topics
Refugee Protection, Convention Refugee, Risk of Persecution, Freedom of Religion, Credibility Assessment, Country Conditions
Source Language
English
Refugee Law Immigration Law Administrative Law Human Rights Refugee Protection Convention Refugee Risk of Persecution Freedom of Religion +2 more

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Parties

XXXXX XXXXX

Claimant

Minister (Respondent)

Respondent

Procedural Posture

Refugee Protection Claim (irpa) / Hearing and Decision (refugee Protection Division)

Legal Issues

  1. 1 Whether there are credibility issues undermining the claimant's testimony
  2. 2 Whether the claimant was a practising member of an unregistered house church in China
  3. 3 Whether the claimant currently practices Christianity in Canada

Ratio Decidendi

The panel found the claimant's testimony cumulatively not credible and documentary country evidence showed Fujian province is relatively tolerant with no recent documented arrests of lay Christians; on the balance of probabilities an individual lay member from Fujian would not face a serious possibility of persecution if returned. Therefore the claimant failed to meet the IRPA ss.96/97 threshold and 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 refugee protection claim (Decision dated January 5, 2010)