TB8-10747

TB8-10747

The RAD confirmed the RPD decision and dismissed the appeal because, on independent review, the evidence did not establish on a credible and trustworthy basis that the Principal Appellant is a genuine member of the Church of Almighty God and therefore the appellants are not Convention refugees nor persons in need of protection; credibility and lack of sincere religious practice in Canada were determinative despite the RAD finding the RPD erred to some extent in its generalized analysis of Chinese exit controls.

Citation
TB8-10747
Parties
Principal Appellant: XXXX XXXX; Spouse / Co‑appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
29 November 2019
Procedural Posture
Refugee Protection Appeal Under IRPA / Decision on Appeal by the Refugee Appeal Division (rad)
Outcome
Appeal dismissed; RPD decision confirmed; Appellants are not Convention refugees nor persons in need of protection pursuant to section 111(1)(a) of IRPA.
Legal Topics
Credibility Assessment, Sincerity of Religious Belief, Sur Place Claims, Exit Controls and Travel Documents, Membership in Church of Almighty God, Evidentiary Weight of Letters and Photographs
Source Language
English
Immigration Refugee Law Administrative Law Human Rights Religious Freedom Credibility Assessment Sincerity of Religious Belief Sur Place Claims +3 more

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX

Spouse / Co‑appellant

Procedural Posture

Refugee Protection Appeal Under IRPA / Decision on Appeal by the Refugee Appeal Division (rad)

Legal Issues

  1. 1 Whether the Principal Appellant is a genuine member of the Church of Almighty God
  2. 2 Whether the RPD properly assessed credibility and weight of letters and photographs
  3. 3 Whether the Appellants could have exited China on genuine passports despite alleged PSB interest

Ratio Decidendi

The RAD confirmed the RPD decision and dismissed the appeal because, on independent review, the evidence did not establish on a credible and trustworthy basis that the Principal Appellant is a genuine member of the Church of Almighty God and therefore the appellants are not Convention refugees nor persons in need of protection; credibility and lack of sincere religious practice in Canada were determinative despite the RAD finding the RPD erred to some extent in its generalized analysis of Chinese exit controls.

Court Disposition

Appeal dismissed; RPD decision confirmed; Appellants are not Convention refugees nor persons in need of protection pursuant to section 111(1)(a) of IRPA.

Orders

  • Appeal dismissed and RPD decision dated April 4, 2018 confirmed
  • No hearing requested or new evidence admitted at RAD