TB2-11719

TB2-11719

The panel found on the balance of probabilities that the principal claimant was not a Falun Gong practitioner in China and was not pursued by the PSB; material inconsistencies in testimony, omitted facts, doubts about the authenticity of the disclosed summons, absence of an arrest warrant, and the claimant's unimpeded exit on genuine passports cumulatively destroyed credibility and established a fraudulent claim, justifying dismissal of both claimants' refugee and protection claims.

Citation
TB2-11719
Parties
Principal Claimant: XXXX XXXX; Associate Claimant: XXXX XXXX
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
29 August 2018
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing — Oral Negative Decision With Written Reasons Issued
Outcome
Claims dismissed; claimants are neither Convention refugees nor persons in need of protection
Legal Topics
Refugee Protection, Credibility Assessment, Sur Place Claim, State Protection, Persecution, Falun Gong
Source Language
English
Immigration Law Refugee Law Administrative Law Refugee Protection Credibility Assessment Sur Place Claim State Protection Persecution +1 more

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Parties

XXXX XXXX

Principal Claimant

XXXX XXXX

Associate Claimant

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Hearing — Oral Negative Decision With Written Reasons Issued

Legal Issues

  1. 1 Whether claimants are Convention refugees
  2. 2 Whether claimants are persons in need of protection
  3. 3 Credibility of claimants concerning Falun Gong practice in China

Ratio Decidendi

The panel found on the balance of probabilities that the principal claimant was not a Falun Gong practitioner in China and was not pursued by the PSB; material inconsistencies in testimony, omitted facts, doubts about the authenticity of the disclosed summons, absence of an arrest warrant, and the claimant's unimpeded exit on genuine passports cumulatively destroyed credibility and established a fraudulent claim, justifying dismissal of both claimants' refugee and protection claims.

Court Disposition

Claims dismissed; claimants are neither Convention refugees nor persons in need of protection

Orders

  • Claims dismissed
  • No protection granted