TB5-06073

TB5-06073

On an independent assessment the RAD found the appellants not credible, concluded key corroborating documents were likely fraudulent, and determined that appellants' conduct (including safe entry into the USA and subsequent illegal entry into Canada) and inconsistencies defeat a finding of a well‑founded fear; therefore the RPD's decision that they are not Convention refugees or persons in need of protection is upheld.

Citation
TB5-06073
Parties
Appellant Principal: XXXX XXXX XXXX; Appellant Spouse: XXXX XXXX XXXX XXXX; Appellant Minor: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
14 August 2015
Procedural Posture
Refugee Protection Appeal / Decision by Refugee Appeal Division
Outcome
Appeal dismissed; RAD upholds RPD decision that appellants are not Convention refugees or persons in need of protection.
Legal Topics
Credibility, Family Planning Policy, Forced Sterilization, Fraudulent Documentation, Use of Smuggler, Failure to Claim in First Safe Country, Standard of Review
Source Language
English
Immigration Law Refugee Protection Administrative Law Credibility Family Planning Policy Forced Sterilization Fraudulent Documentation Use of Smuggler +2 more

Case Brief

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Parties

XXXX XXXX XXXX

Appellant Principal

XXXX XXXX XXXX XXXX

Appellant Spouse

XXXX XXXX XXXX

Appellant Minor

Procedural Posture

Refugee Protection Appeal / Decision by Refugee Appeal Division

Legal Issues

  1. 1 Whether appellants are credible regarding alleged forced abortions, fines and sterilization notices
  2. 2 Whether submitted documentation is authentic
  3. 3 Whether appellants established subjective fear of persecution

Ratio Decidendi

On an independent assessment the RAD found the appellants not credible, concluded key corroborating documents were likely fraudulent, and determined that appellants' conduct (including safe entry into the USA and subsequent illegal entry into Canada) and inconsistencies defeat a finding of a well‑founded fear; therefore the RPD's decision that they are not Convention refugees or persons in need of protection is upheld.

Court Disposition

Appeal dismissed; RAD upholds RPD decision that appellants are not Convention refugees or persons in need of protection.

Orders

  • RAD upholds RPD decision dated May 19, 2015; appeal dismissed (Reasons and decision dated August 14, 2015).