TB5-10532

TB5-10532

After independent review the RAD concluded on the balance of probabilities that the principal Appellant was not a genuine Falun Gong practitioner, the corroborating documents (expulsion letter, Chuanpiao/subpoena) were of little weight or likely not authentic, the failure to claim in the United States indicated asylum shopping and undermined subjective fear, and it was implausible that a wanted person could have exited China on valid passports given the Golden Shield/Policenet and exit controls; accordingly there is no serious possibility of persecution or risk and the appeal is dismissed.

Citation
TB5-10532
Parties
Principal Appellant: XXXX XXXX; Minor Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
16 December 2015
Procedural Posture
Refugee Protection Appeal / Decision on Appeal to Refugee Appeal Division (rad)
Outcome
Appeal dismissed; RPD decision confirmed pursuant to s.111(1)(a) IRPA
Legal Topics
Credibility Assessment, Sur Place Claims, Asylum Shopping, Document Authenticity, Exit and Entry Controls (golden Shield), Standard of Review / Hybrid Appeal
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Assessment Sur Place Claims Asylum Shopping Document Authenticity Exit and Entry Controls (golden Shield) +1 more

Case Brief

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX

Minor Appellant

Procedural Posture

Refugee Protection Appeal / Decision on Appeal to Refugee Appeal Division (rad)

Legal Issues

  1. 1 Whether the Appellants are Convention refugees or persons in need of protection
  2. 2 Credibility of the principal Appellant regarding Falun Gong practice and related allegations
  3. 3 Weight and authenticity of corroborating documents (school expulsion letter, Chuanpiao/subpoena)

Ratio Decidendi

After independent review the RAD concluded on the balance of probabilities that the principal Appellant was not a genuine Falun Gong practitioner, the corroborating documents (expulsion letter, Chuanpiao/subpoena) were of little weight or likely not authentic, the failure to claim in the United States indicated asylum shopping and undermined subjective fear, and it was implausible that a wanted person could have exited China on valid passports given the Golden Shield/Policenet and exit controls; accordingly there is no serious possibility of persecution or risk and the appeal is dismissed.

Court Disposition

Appeal dismissed; RPD decision confirmed pursuant to s.111(1)(a) IRPA

Orders

  • RAD confirms the RPD decision and dismisses the appeal