TB2-06422

TB2-06422

The claims were dismissed because on the balance of probabilities the claimants were not credible: the absence of a summons or arrest warrant despite alleged repeated PSB visits, their ability to depart China using passports despite Golden Shield border controls, insufficient practical and doctrinal knowledge of Falun Gong for alleged long‑term practitioners, and untested corroboration led the panel to conclude they were not persecuted Falun Gong practitioners and that the claims were not genuine, amounting to a finding of fraud on arrival.

Citation
TB2-06422
Parties
Claimant: XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
1 November 2017
Procedural Posture
Refugee Protection Claim Under IRPA Ss.96 97 / Hearing — Oral Negative Decision With Written Reasons Issued
Outcome
Claims dismissed; negative decision — claimants not Convention refugees or persons in need of protection
Legal Topics
Refugee Protection, Credibility Assessment, Sur Place Claim, Religious Persecution (falun Gong), Fraudulent Claim Allegation
Source Language
English
Immigration Law Refugee Law Administrative Law Refugee Protection Credibility Assessment Sur Place Claim Religious Persecution (falun Gong) Fraudulent Claim Allegation

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Parties

XXXX XXXX

Claimant

Procedural Posture

Refugee Protection Claim Under IRPA Ss.96 97 / Hearing — Oral Negative Decision With Written Reasons Issued

Legal Issues

  1. 1 Whether claimants were credible
  2. 2 Whether claimants were persecuted in China for practising Falun Gong
  3. 3 Whether claimants are Convention refugees or persons in need of protection

Ratio Decidendi

The claims were dismissed because on the balance of probabilities the claimants were not credible: the absence of a summons or arrest warrant despite alleged repeated PSB visits, their ability to depart China using passports despite Golden Shield border controls, insufficient practical and doctrinal knowledge of Falun Gong for alleged long‑term practitioners, and untested corroboration led the panel to conclude they were not persecuted Falun Gong practitioners and that the claims were not genuine, amounting to a finding of fraud on arrival.

Court Disposition

Claims dismissed; negative decision — claimants not Convention refugees or persons in need of protection

Orders

  • Refugee protection claims dismissed