TB4-10432

TB4-10432

The RAD confirmed the RPD because, on the balance of probabilities, the Appellant's testimony and key documents were not credible or were fraudulent, the evidence did not establish a genuine past practice of Falun Gong in China or a credible sur place claim in Canada, and country documentation undermined her claim that she was a wanted felon able to leave China; therefore no serious possibility of persecution or risk upon return existed.

Citation
TB4-10432
Parties
Appellant/claimant: XXXX XXXX XXXX; Respondent/minister: Minister of Citizenship and Immigration (Canada)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
18 February 2015
Procedural Posture
Refugee Appeal / RAD Decision Confirming RPD Determination
Outcome
Appeal dismissed; RPD decision confirmed under s.111(1)(a) of IRPA
Legal Topics
Convention Refugee, Sur Place, Credibility Assessment, Standard of Review, Country Evidentiary Materials
Source Language
English
Immigration Refugee Law Administrative Law Convention Refugee Sur Place Credibility Assessment Standard of Review Country Evidentiary Materials

Case Brief

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Parties

XXXX XXXX XXXX

Appellant/claimant

Minister of Citizenship and Immigration (Canada)

Respondent/minister

Procedural Posture

Refugee Appeal / RAD Decision Confirming RPD Determination

Legal Issues

  1. 1 Whether the Appellant is a Convention refugee or person in need of protection
  2. 2 Whether the Appellant's testimony and documents are credible and genuine
  3. 3 Whether the Appellant is a genuine Falun Gong practitioner in China or Canada (sur place claim)

Ratio Decidendi

The RAD confirmed the RPD because, on the balance of probabilities, the Appellant's testimony and key documents were not credible or were fraudulent, the evidence did not establish a genuine past practice of Falun Gong in China or a credible sur place claim in Canada, and country documentation undermined her claim that she was a wanted felon able to leave China; therefore no serious possibility of persecution or risk upon return existed.

Court Disposition

Appeal dismissed; RPD decision confirmed under s.111(1)(a) of IRPA

Orders

  • Appeal dismissed
  • Decision of the Refugee Protection Division confirmed