TB4-10992

TB4-10992

On independent review the RAD found appellants' testimony and documents not credible or corroborative, significant inconsistencies and omissions undermining central allegations, no reliable evidence that PSB actively pursued them (no summons/warrant and improbable exit given Golden Shield controls), and the female appellant was not a genuine Falun Gong practitioner in China or Canada; therefore the appellants are neither Convention refugees nor persons in need of protection and the RPD decision is confirmed.

Citation
TB4-10992
Parties
Appellant (female): XXXX XXXX; Appellant (male): XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
9 February 2015
Procedural Posture
Refugee Protection Appeal Under IRPA / Appeal to Refugee Appeal Division (rad) Decision Confirming RPD Determination
Outcome
RAD confirms RPD decision; appellants are neither Convention refugees nor persons in need of protection
Legal Topics
Credibility Assessment, Sur Place Claim, Religious Persecution (falun Gong), Standard of Review, Corroboration Requirements, Exit Controls/golden Shield
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Assessment Sur Place Claim Religious Persecution (falun Gong) Standard of Review Corroboration Requirements +1 more

Case Brief

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Parties

XXXX XXXX

Appellant (female)

XXXX XXXX

Appellant (male)

Procedural Posture

Refugee Protection Appeal Under IRPA / Appeal to Refugee Appeal Division (rad) Decision Confirming RPD Determination

Legal Issues

  1. 1 Whether appellants' testimony and documents were credible and corroborated
  2. 2 Whether appellants were being actively pursued by Public Security Bureau (PSB) in China
  3. 3 Whether the female appellant was a genuine Falun Gong practitioner in China or Canada (sur place)

Ratio Decidendi

On independent review the RAD found appellants' testimony and documents not credible or corroborative, significant inconsistencies and omissions undermining central allegations, no reliable evidence that PSB actively pursued them (no summons/warrant and improbable exit given Golden Shield controls), and the female appellant was not a genuine Falun Gong practitioner in China or Canada; therefore the appellants are neither Convention refugees nor persons in need of protection and the RPD decision is confirmed.

Court Disposition

RAD confirms RPD decision; appellants are neither Convention refugees nor persons in need of protection

Orders

  • Decision of the Refugee Protection Division is confirmed pursuant to section 111(1)(a) of IRPA
  • No remittal; no relief granted