TB7-09610

TB7-09610

The RAD confirmed the RPD because the PSB summons and related documents were found fraudulent on the balance of probabilities, which fatally undermined the Appellant's credibility and left no probative evidence that the appellants were wanted by Chinese authorities; accordingly they are not Convention refugees nor persons in need of protection.

Citation
TB7-09610
Parties
Principal Appellant: XXXX XXXX XXXX; Spouse/co Appellant: XXXX XXXX XXXX; Minor Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
17 October 2017
Procedural Posture
Refugee Appeal Under the Immigration and Refugee Protection Act / Appeal to the Refugee Appeal Division Following Refugee Protection Division Decision; RAD Determination on Credibility and Corroboration
Outcome
Appeal dismissed; RAD confirms RPD determination under section 111(1)(a) of the IRPA
Legal Topics
Credibility, Corroboration, Convention Refugee Status, Sur Place, Standard of Review
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Corroboration Convention Refugee Status Sur Place Standard of Review

Case Brief

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Spouse/co Appellant

XXXX XXXX

Minor Appellant

Procedural Posture

Refugee Appeal Under the Immigration and Refugee Protection Act / Appeal to the Refugee Appeal Division Following Refugee Protection Division Decision; RAD Determination on Credibility and Corroboration

Legal Issues

  1. 1 Whether the RPD made unsustainable adverse credibility findings
  2. 2 Whether the PSB summons and other corroborative documents were authentic
  3. 3 Whether the appellants meet the definition of a Convention refugee or are persons in need of protection

Ratio Decidendi

The RAD confirmed the RPD because the PSB summons and related documents were found fraudulent on the balance of probabilities, which fatally undermined the Appellant's credibility and left no probative evidence that the appellants were wanted by Chinese authorities; accordingly they are not Convention refugees nor persons in need of protection.

Court Disposition

Appeal dismissed; RAD confirms RPD determination under section 111(1)(a) of the IRPA

Orders

  • Pursuant to section 111(1)(a) of the Immigration and Refugee Protection Act, the Refugee Appeal Division confirms the Refugee Protection Division's decision and dismisses the appeal.