TB8-06939

TB8-06939

On an independent assessment the RAD found the appellants were not credible adherents of the Church of Almighty God: the Principal Appellant provided vague, unconvincing testimony about core religious beliefs despite attending meetings for about a year, and the death certificate contained irreconcilable causes of death suggesting it is likely not genuine; these credibility defects justify confirming the RPD's negative determination notwithstanding that smuggler use and irregular entry were not relied upon.

Citation
TB8-06939
Parties
Principal Appellant: XXXX XXXX; Associate Appellant: XXXX XXXX; Minor Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
9 August 2019
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Decision on Appeal (radial Confirmation/dismissal)
Outcome
Appeal dismissed; RPD negative decision confirmed pursuant to paragraph 111(1)(a) of the IRPA
Legal Topics
Credibility Assessment, Persecution Based on Religion, Religious Freedom, Use of Fraudulent Documents, Standard of Review (rad Independence)
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Assessment Persecution Based on Religion Religious Freedom Use of Fraudulent Documents Standard of Review (rad Independence)

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX

Associate Appellant

XXXX XXXX

Minor Appellant

Procedural Posture

Refugee Appeal (refugee Appeal Division) / Decision on Appeal (radial Confirmation/dismissal)

Legal Issues

  1. 1 Whether the appellants are genuine adherents of the Church of Almighty God
  2. 2 Whether the RPD erred in its credibility findings
  3. 3 Whether the submitted death certificate is authentic or fraudulent

Ratio Decidendi

On an independent assessment the RAD found the appellants were not credible adherents of the Church of Almighty God: the Principal Appellant provided vague, unconvincing testimony about core religious beliefs despite attending meetings for about a year, and the death certificate contained irreconcilable causes of death suggesting it is likely not genuine; these credibility defects justify confirming the RPD's negative determination notwithstanding that smuggler use and irregular entry were not relied upon.

Court Disposition

Appeal dismissed; RPD negative decision confirmed pursuant to paragraph 111(1)(a) of the IRPA

Orders

  • Appeal dismissed and RPD decision confirmed