TB3-07854

TB3-07854

The RAD applied a reasonableness standard to the RPD's factual and credibility findings and concluded that, on the whole, the RPD's adverse credibility findings were supported by the record and by country evidence regarding exit controls; although one discrete credibility inference (failure to use all names in the BoC) was unreasonable, the cumulative credibility findings and absence of new evidence justified confirmation of the RPD decision that the appellants are neither Convention refugees nor persons in need of protection.

Citation
TB3-07854
Parties
Appellant (principal): XXXX XXXX XXXX XXXXXXXX XXXX XXXX; Appellant (minor): XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
22 January 2014
Procedural Posture
Refugee Appeal Under the Immigration and Refugee Protection Act / Appeal to the Refugee Appeal Division Following RPD Refusal; Decision on Record Without New Evidence
Outcome
Appeal dismissed; RPD decision confirmed pursuant to s.111(1)(a) IRPA
Legal Topics
Credibility Findings, Standard of Review, Sur Place Claims, Admission of Fresh Evidence, Exit Controls and Country Information
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Findings Standard of Review Sur Place Claims Admission of Fresh Evidence Exit Controls and Country Information

Case Brief

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Parties

XXXX XXXX XXXX XXXXXXXX XXXX XXXX

Appellant (principal)

XXXX XXXX XXXX

Appellant (minor)

Procedural Posture

Refugee Appeal Under the Immigration and Refugee Protection Act / Appeal to the Refugee Appeal Division Following RPD Refusal; Decision on Record Without New Evidence

Legal Issues

  1. 1 Whether the RAD must conduct a de novo hearing or apply a standard of review to RPD findings
  2. 2 Whether the RPD's adverse credibility findings were reasonable
  3. 3 Whether the appellants plausibly exited China using their own passports despite alleged PSB pursuit

Ratio Decidendi

The RAD applied a reasonableness standard to the RPD's factual and credibility findings and concluded that, on the whole, the RPD's adverse credibility findings were supported by the record and by country evidence regarding exit controls; although one discrete credibility inference (failure to use all names in the BoC) was unreasonable, the cumulative credibility findings and absence of new evidence justified confirmation of the RPD decision that the appellants are neither Convention refugees nor persons in need of protection.

Court Disposition

Appeal dismissed; RPD decision confirmed pursuant to s.111(1)(a) IRPA

Orders

  • Appeal dismissed and the decision of the Refugee Protection Division is confirmed