TA4-20274

TA4-20274

The claim is rejected because the Tribunal found, on the balance of probabilities, that the claimant was not and had never been a Falun Gong practitioner, her explanations (including that a smuggler bribed officials to permit exit despite police interest) were implausible, and because she left China on a genuine passport there is no serious possibility she would be persecuted or subjected to a risk to life, torture or cruel and unusual treatment on return; therefore she is neither a Convention refugee nor a person in need of protection.

Citation
TA4-20274
Parties
Claimant (asylum Seeker): XXX XXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
21 August 2007
Procedural Posture
Refugee Protection Claim / Merits Hearing and Final Decision by RPD
Outcome
Claim rejected; claimant is neither a Convention refugee nor a person in need of protection
Legal Topics
Political Opinion, Persecution, Falun Gong, Risk of Torture, Exit Controls and Passports, Credibility
Source Language
English
Immigration Refugee Law Administrative Law Credibility Assessment Political Opinion Persecution Falun Gong Risk of Torture +2 more

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Parties

XXX XXX XXXX

Claimant (asylum Seeker)

Procedural Posture

Refugee Protection Claim / Merits Hearing and Final Decision by RPD

Legal Issues

  1. 1 Whether the claimant is a Convention refugee
  2. 2 Whether the claimant is a person in need of protection
  3. 3 Whether the claimant is a Falun Gong practitioner and thus at risk

Ratio Decidendi

The claim is rejected because the Tribunal found, on the balance of probabilities, that the claimant was not and had never been a Falun Gong practitioner, her explanations (including that a smuggler bribed officials to permit exit despite police interest) were implausible, and because she left China on a genuine passport there is no serious possibility she would be persecuted or subjected to a risk to life, torture or cruel and unusual treatment on return; therefore she 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