TB5-03333

TB5-03333

Given multiple, cumulative credibility defects – no medical corroboration for the claimed health-related reason to join Falun Gong in Singapore, absence of notarized or independent corroboration for practice in Singapore and China, inconsistency in the husband's affidavit, and lack of any summons/warrant or other official documentation – the RAD concluded the Appellants' claims were not credible and upheld the RPD decision that they are neither Convention refugees nor persons in need of protection under s.111(1)(a) IRPA.

Citation
TB5-03333
Parties
Principal Appellant: XXXX XXXX; Appellant Female Minor: XXXX XXXX; Appellant Male Minor: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
24 June 2015
Procedural Posture
Refugee Protection Appeal Under IRPA / Appeal to Refugee Appeal Division (decision)
Outcome
Appeals dismissed; RPD decision confirmed under s.111(1)(a) IRPA
Legal Topics
Credibility Assessment, Corroboration Requirements, Sur Place Claims, Convention Refugee Determination, Person in Need of Protection
Source Language
English
Immigration Refugee Law Administrative Law Credibility Assessment Corroboration Requirements Sur Place Claims Convention Refugee Determination Person in Need of Protection

Case Brief

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX

Appellant Female Minor

XXXX XXXX XXXX

Appellant Male Minor

Procedural Posture

Refugee Protection Appeal Under IRPA / Appeal to Refugee Appeal Division (decision)

Legal Issues

  1. 1 Whether the Appellants are credible
  2. 2 Whether lack of corroborative documentation undermines the Falun Gong claim in Singapore and China
  3. 3 Whether sur place evidence from Canada is genuine or tainted by prior credibility findings

Ratio Decidendi

Given multiple, cumulative credibility defects – no medical corroboration for the claimed health-related reason to join Falun Gong in Singapore, absence of notarized or independent corroboration for practice in Singapore and China, inconsistency in the husband's affidavit, and lack of any summons/warrant or other official documentation – the RAD concluded the Appellants' claims were not credible and upheld the RPD decision that they are neither Convention refugees nor persons in need of protection under s.111(1)(a) IRPA.

Court Disposition

Appeals dismissed; RPD decision confirmed under s.111(1)(a) IRPA

Orders

  • Appeals dismissed and determination of the RPD confirmed