TB5-00226

TB5-00226

On independent review the RAD confirmed the RPD's adverse credibility findings and lack of corroborative evidence (no summons/warrant, unexplained unimpeded exit on passports, absence of reliable documentation and association support), concluding the appellants were not genuine Falun Gong practitioners and therefore are neither Convention refugees nor persons in need of protection.

Citation
TB5-00226
Parties
Principal Appellant: XXXXXXXXXXXXX; Female Appellant: XXXXXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
1 April 2015
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Decision on Appeal (no New Evidence, No Oral Hearing)
Outcome
Appeal dismissed; RPD determination confirmed
Legal Topics
Credibility Assessment, Sur Place Claims, Corroboration and Country Evidence, Exit Controls and Document Checks, Religious Persecution (falun Gong)
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Assessment Sur Place Claims Corroboration and Country Evidence Exit Controls and Document Checks Religious Persecution (falun Gong)

Case Brief

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Parties

XXXXXXXXXXXXX

Principal Appellant

XXXXXXX

Female Appellant

Procedural Posture

Refugee Appeal (refugee Appeal Division) / Decision on Appeal (no New Evidence, No Oral Hearing)

Legal Issues

  1. 1 Whether the appellants are credible
  2. 2 Whether appellants were genuine Falun Gong practitioners in China
  3. 3 Whether lack of summons or warrant undermines claim of police pursuit

Ratio Decidendi

On independent review the RAD confirmed the RPD's adverse credibility findings and lack of corroborative evidence (no summons/warrant, unexplained unimpeded exit on passports, absence of reliable documentation and association support), concluding the appellants were not genuine Falun Gong practitioners and therefore are neither Convention refugees nor persons in need of protection.

Court Disposition

Appeal dismissed; RPD determination confirmed