MB3-04829

MB3-04829

The RAD confirmed the RPD decision because the RPD reasonably concluded the applicants' risk is driven primarily by Chinese ethnicity rather than religion, the RPD conducted an adequate review of documentary and testimonial evidence, credibility and subjective fear findings were reasonable and entitled to deference, and the applicants did not demonstrate a serious possibility of persecution on return as Convention refugees or persons in need of protection.

Citation
MB3-04829
Parties
Principal Appellant: XXXX XXXX XXXX; Appellant (spouse): Ms. XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
4 April 2014
Procedural Posture
Refugee Protection Claim Appeal / Appeal to Refugee Appeal Division Decision on Appeal
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Convention Refugee, Person in Need of Protection, Credibility Assessment, Gender Based Persecution, Standard of Review, Documentary Evidence Assessment
Source Language
English
Immigration Law Refugee Law Administrative Law Convention Refugee Person in Need of Protection Credibility Assessment Gender Based Persecution Standard of Review +1 more

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Parties

XXXX XXXX XXXX

Principal Appellant

Ms. XXXX XXXX

Appellant (spouse)

Procedural Posture

Refugee Protection Claim Appeal / Appeal to Refugee Appeal Division Decision on Appeal

Legal Issues

  1. 1 Whether RPD erred by failing to adequately analyze forward-looking risk on basis of religion
  2. 2 Whether RPD made capricious or perverse findings by selectively relying on documentary evidence
  3. 3 Whether RPD failed to give sufficient weight to testimony and evidence of similarly situated individuals and prospective risk

Ratio Decidendi

The RAD confirmed the RPD decision because the RPD reasonably concluded the applicants' risk is driven primarily by Chinese ethnicity rather than religion, the RPD conducted an adequate review of documentary and testimonial evidence, credibility and subjective fear findings were reasonable and entitled to deference, and the applicants did not demonstrate a serious possibility of persecution on return as Convention refugees or persons in need of protection.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed and RPD determination confirmed that appellants are neither Convention refugees nor persons in need of protection