TC0-11509

TC0-11509

The appeal is dismissed because the RPD reasonably found the principal Appellant was not a genuine Falun Gong practitioner as her demonstrated knowledge was inconsistent with her claimed duration and depth of practice, the supporting documents did not overcome that finding, and there was no evidence the Chinese authorities were aware of or likely to learn of her activities in Canada for a successful sur place claim.

Citation
TC0-11509
Parties
Appellants: XXXX XXXX XXXXXXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
18 May 2021
Procedural Posture
Refugee Protection Appeal / Decision on Appeal (refugee Appeal Division)
Outcome
Appeal dismissed; Appellants are neither Convention refugees nor persons in need of protection
Legal Topics
Credibility Assessment, Religious Persecution, Sur Place Claim, Standard of Review
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Assessment Religious Persecution Sur Place Claim Standard of Review

Case Brief

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Parties

XXXX XXXX XXXXXXXX XXXX

Appellants

Procedural Posture

Refugee Protection Appeal / Decision on Appeal (refugee Appeal Division)

Legal Issues

  1. 1 Whether the principal Appellant is a genuine Falun Gong practitioner
  2. 2 Whether the RPD's credibility findings were reasonable and adequately explained
  3. 3 Whether supporting documentary evidence outweighs oral testimony

Ratio Decidendi

The appeal is dismissed because the RPD reasonably found the principal Appellant was not a genuine Falun Gong practitioner as her demonstrated knowledge was inconsistent with her claimed duration and depth of practice, the supporting documents did not overcome that finding, and there was no evidence the Chinese authorities were aware of or likely to learn of her activities in Canada for a successful sur place claim.

Court Disposition

Appeal dismissed; Appellants are neither Convention refugees nor persons in need of protection

Orders

  • Appeal dismissed
  • No protection granted