TB4-07122

TB4-07122

Appellants failed to present new evidence and did not provide clear and convincing, trustworthy evidence to rebut the presumption of adequate state protection; documentary records demonstrate Indonesia provides operationally adequate protection for the appellants' claims; therefore RAD confirms RPD decision and dismisses the appeal under IRPA s.111(1)(a).

Citation
TB4-07122
Parties
Principal Appellant / Designated Representative: XXXX XXXX XXXX; Spouse / Appellant: XXXX XXXX; Minor Child / Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
9 December 2014
Procedural Posture
Refugee Protection Appeal (refugee Appeal Division) / Final Decision on Appeal (rad Decision)
Outcome
Appeal dismissed; decision of the Refugee Protection Division confirmed
Legal Topics
State Protection Adequacy, Religious Persecution, Ethnic Discrimination, Credibility, Standard of Review, Oral Hearing Request
Source Language
English
Immigration Refugee Law Administrative Law Human Rights State Protection Adequacy Religious Persecution Ethnic Discrimination Credibility +2 more

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Parties

XXXX XXXX XXXX

Principal Appellant / Designated Representative

XXXX XXXX

Spouse / Appellant

XXXX XXXX XXXX

Minor Child / Appellant

Procedural Posture

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

Legal Issues

  1. 1 Whether state protection in Indonesia is operationally adequate for the appellants
  2. 2 Whether appellants face persecution as Christian ethnic Chinese if returned
  3. 3 Whether an oral hearing is required under IRPA given absence of new evidence

Ratio Decidendi

Appellants failed to present new evidence and did not provide clear and convincing, trustworthy evidence to rebut the presumption of adequate state protection; documentary records demonstrate Indonesia provides operationally adequate protection for the appellants' claims; therefore RAD confirms RPD decision and dismisses the appeal under IRPA s.111(1)(a).

Court Disposition

Appeal dismissed; decision of the Refugee Protection Division confirmed

Orders

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