TB7-19000

TB7-19000

On independent correctness review the RAD found insufficient, non-corroborated evidence that the appellants were wanted by Chinese authorities given their alleged exit on genuine passports and vague testimony about smuggler-assisted bribery, the chuanpiao alone lacked coercive weight and independent authenticity, and there was inadequate evidence of bona fide Falun Gong activity in Canada to sustain a sur place claim; accordingly the RPD's rejection of refugee/protection claims is confirmed and the appeal is dismissed under section 111(1)(a) IRPA.

Citation
TB7-19000
Parties
Principal Appellant: XXXX XXXX; Co Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
7 December 2018
Procedural Posture
Refugee Appeal (immigration and Refugee Board of Canada, Refugee Appeal Division) / Decision on Appeal (rad Reasons and Decision)
Outcome
Appeal dismissed; RPD decision confirmed that appellants are neither Convention refugees nor persons in need of protection pursuant to section 111(1)(a) of the Immigration and Refugee Protection Act
Legal Topics
Credibility Assessment, Sur Place Claims, Persecution Risk, Exit Controls/golden Shield, Document Authenticity, Standard of Review
Source Language
English
Immigration Refugee Law Administrative Law Credibility Assessment Sur Place Claims Persecution Risk Exit Controls/golden Shield Document Authenticity +1 more

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX

Co Appellant

Procedural Posture

Refugee Appeal (immigration and Refugee Board of Canada, Refugee Appeal Division) / Decision on Appeal (rad Reasons and Decision)

Legal Issues

  1. 1 Whether appellants were credible Falun Gong practitioners
  2. 2 Whether appellants could have lawfully exited China on their own passports if wanted by PSB
  3. 3 Whether the chuanpiao (summons) is authentic and corroborative

Ratio Decidendi

On independent correctness review the RAD found insufficient, non-corroborated evidence that the appellants were wanted by Chinese authorities given their alleged exit on genuine passports and vague testimony about smuggler-assisted bribery, the chuanpiao alone lacked coercive weight and independent authenticity, and there was inadequate evidence of bona fide Falun Gong activity in Canada to sustain a sur place claim; accordingly the RPD's rejection of refugee/protection claims is confirmed and the appeal is dismissed under section 111(1)(a) IRPA.

Court Disposition

Appeal dismissed; RPD decision confirmed that appellants are neither Convention refugees nor persons in need of protection pursuant to section 111(1)(a) of the Immigration and Refugee Protection Act