TB5-05635

TB5-05635

Applying the Huruglica standard the RAD conducted an independent review and found the RPD's credibility findings supported by multiple inconsistencies, failures to produce originals or obtain corroborative travel/residency records, and implausible explanations for documentary anomalies; those findings were decisive on residency and identity issues and therefore the appellants failed to establish they are Convention refugees or persons in need of protection, so the RPD decision is confirmed.

Citation
TB5-05635
Parties
Primary Appellant (p.a.): XXXX XXXX; Associate Appellant (husband): XXXX XXXX; Minor Appellant (son): XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
31 August 2015
Procedural Posture
Refugee Protection Appeal / Appeal to Refugee Appeal Division (rad) Final Decision
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Credibility Findings, Convention Refugee, Person in Need of Protection, Document Authenticity, Country Documentation, Standard of Review, Residency Proof
Source Language
English
Immigration Refugee Law Administrative Law Credibility Findings Convention Refugee Person in Need of Protection Document Authenticity Country Documentation +2 more

Case Brief

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Parties

XXXX XXXX

Primary Appellant (p.a.)

XXXX XXXX

Associate Appellant (husband)

XXXX XXXX XXXX

Minor Appellant (son)

Procedural Posture

Refugee Protection Appeal / Appeal to Refugee Appeal Division (rad) Final Decision

Legal Issues

  1. 1 Whether the RPD erred in its credibility findings
  2. 2 Whether the appellants established residency in China at the material time
  3. 3 Whether identity and residency documents (RIC, Hukou) are genuine

Ratio Decidendi

Applying the Huruglica standard the RAD conducted an independent review and found the RPD's credibility findings supported by multiple inconsistencies, failures to produce originals or obtain corroborative travel/residency records, and implausible explanations for documentary anomalies; those findings were decisive on residency and identity issues and therefore the appellants failed to establish they are Convention refugees or persons in need of protection, so the RPD decision is confirmed.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed
  • Decision of the Refugee Protection Division confirmed pursuant to subsection 111(1)(a) of the Immigration and Refugee Protection Act