TB5-01278

TB5-01278

On an independent assessment of the totality of the evidence the RAD concluded the Appellant failed to prove she was a genuine practitioner of Falun Gong; documentary and testimonial support lacked probative value and it was implausible, on the balance of probabilities, that she would have been able to exit China on her own passport if wanted by the PSB given the Golden Shield and API systems; therefore the Appellant is neither a Convention refugee nor a person in need of protection and the RPD decision is confirmed.

Citation
TB5-01278
Parties
Appellant / Person Subject of Appeal: XXXX XXXX XXXXXXXX; Intervener / Respondent: Minister of Citizenship and Immigration
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
24 June 2015
Procedural Posture
Refugee Appeal Under the Immigration and Refugee Protection Act / Appeal to the Refugee Appeal Division (rad); Final Decision Rendered by RAD
Outcome
Appeal dismissed; decision of the Refugee Protection Division confirmed pursuant to s.111(1)(a) IRPA.
Legal Topics
Credibility, Natural Justice, Sur Place Claim, Admissibility of Intervenor Evidence, Burden of Proof, Exit Controls/golden Shield
Source Language
English
Immigration Refugee Law Administrative Law Credibility Natural Justice Sur Place Claim Admissibility of Intervenor Evidence Burden of Proof +1 more

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Parties

XXXX XXXX XXXXXXXX

Appellant / Person Subject of Appeal

Minister of Citizenship and Immigration

Intervener / Respondent

Procedural Posture

Refugee Appeal Under the Immigration and Refugee Protection Act / Appeal to the Refugee Appeal Division (rad); Final Decision Rendered by RAD

Legal Issues

  1. 1 Whether RPD breached natural justice by not notifying Appellant of case to meet
  2. 2 Whether Appellant met burden to prove she is a genuine Falun Gong practitioner
  3. 3 Whether new evidence filed by the Minister undermines credibility

Ratio Decidendi

On an independent assessment of the totality of the evidence the RAD concluded the Appellant failed to prove she was a genuine practitioner of Falun Gong; documentary and testimonial support lacked probative value and it was implausible, on the balance of probabilities, that she would have been able to exit China on her own passport if wanted by the PSB given the Golden Shield and API systems; therefore the Appellant is neither a Convention refugee nor a person in need of protection and the RPD decision is confirmed.

Court Disposition

Appeal dismissed; decision of the Refugee Protection Division confirmed pursuant to s.111(1)(a) IRPA.

Orders

  • Appeal dismissed and RPD decision confirmed under section 111(1)(a) of the Immigration and Refugee Protection Act.