TB8-04119

TB8-04119

The RAD dismissed the appeal because, on the balance of probabilities, the appellants failed to establish that the associate appellant practised Falun Gong in China or is a genuine practitioner in Canada; their submission of false documents, the implausible timing of their retraction, and lack of probative corroboration fatally undermined credibility and eliminated a serious possibility of persecution if returned.

Citation
TB8-04119
Parties
Principal Appellant: Principal Appellant; Associate Appellant: Associate Appellant
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
12 February 2019
Procedural Posture
Refugee Protection Appeal / Decision by Refugee Appeal Division
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Credibility Assessment, Sur Place Claims, Fraudulent Documents, Corroboration, Risk of Persecution, Procedural Timing
Source Language
English
Immigration Refugee Law Administrative Law Evidence Law Credibility Assessment Sur Place Claims Fraudulent Documents Corroboration +2 more

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Parties

Principal Appellant

Principal Appellant

Associate Appellant

Associate Appellant

Procedural Posture

Refugee Protection Appeal / Decision by Refugee Appeal Division

Legal Issues

  1. 1 Whether the associate appellant genuinely practised Falun Gong in China
  2. 2 Whether the associate appellant is a genuine Falun Gong practitioner in Canada
  3. 3 Whether submission of false documents and late retraction undermines credibility

Ratio Decidendi

The RAD dismissed the appeal because, on the balance of probabilities, the appellants failed to establish that the associate appellant practised Falun Gong in China or is a genuine practitioner in Canada; their submission of false documents, the implausible timing of their retraction, and lack of probative corroboration fatally undermined credibility and eliminated a serious possibility of persecution if returned.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed and RPD decision confirmed pursuant to section 111(1)(a) of the Immigration and Refugee Protection Act
  • No referral to the RPD and no change to the refugee protection status of the appellants