TB7-12633

TB7-12633

Although some peripheral RPD credibility findings were speculative and set aside, the central credibility finding that the Principal Appellant did not possess knowledge of Falun Gong commensurate with her alleged frequent practice was reasonable on the record; that credibility conclusion disposes of the claim and the RPD determination that the Appellants are neither Convention refugees nor persons in need of protection is confirmed.

Citation
TB7-12633
Parties
Principal Appellant: XXXX XXXX XXXX; Male Appellant: XXXX XXXX XXXX; Minor Appellant: XXXX XXXX XXXX; Minor Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
6 February 2018
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Decision on Appeal RAD Review of RPD Determination
Outcome
Appeal dismissed; RPD determination confirmed that the Appellants are neither Convention refugees nor persons in need of protection.
Legal Topics
Credibility Assessment, Religious Persecution, Standard of Review, Sur Place, Burden and Standard of Proof
Source Language
English
Immigration Refugee Law Administrative Law Credibility Assessment Religious Persecution Standard of Review Sur Place Burden and Standard of Proof

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 4 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Male Appellant

XXXX XXXX XXXX

Minor Appellant

XXXX XXXX

Minor Appellant

Procedural Posture

Refugee Appeal (refugee Appeal Division) / Decision on Appeal RAD Review of RPD Determination

Legal Issues

  1. 1 Whether the RPD's adverse credibility findings are sustainable
  2. 2 Whether the Principal Appellant established she is a Falun Gong practitioner and therefore at risk
  3. 3 Whether RPD errors on peripheral matters vitiate the overall decision

Ratio Decidendi

Although some peripheral RPD credibility findings were speculative and set aside, the central credibility finding that the Principal Appellant did not possess knowledge of Falun Gong commensurate with her alleged frequent practice was reasonable on the record; that credibility conclusion disposes of the claim and the RPD determination that the Appellants are neither Convention refugees nor persons in need of protection is confirmed.

Court Disposition

Appeal dismissed; RPD determination confirmed that the Appellants are neither Convention refugees nor persons in need of protection.

Orders

  • Appeal dismissed
  • RPD decision confirmed