TB9-34561

TB9-34561

After an independent review the RAD found the principal appellant credible and a Convention refugee because she sincerely practises Falun Gong, Falun Gong practitioners are persecuted by the Chinese state, state protection and internal flight are not viable; however the male, female and minor appellants lacked sufficient knowledge indicative of genuine Falun Gong practice and their appeals were dismissed.

Citation
TB9-34561
Parties
Principal Appellant: XXXX XXXX; Male Appellant (husband): XXXX XXXX; Female Appellant (mother): XXXX XXXX; Minor Appellant (son): XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
17 December 2020
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Decision on Appeal (rad)
Outcome
Appeal allowed in part: principal appellant allowed as a Convention refugee; appeals of the male, female and minor appellants dismissed.
Legal Topics
Credibility Assessment, Religious Persecution, Convention Refugee, State Protection, Internal Flight Alternative, Evidence Admissibility, Oral Hearing, Falun Gong
Source Language
English
Immigration Law Refugee Law Administrative Law Human Rights Law Credibility Assessment Religious Persecution Convention Refugee State Protection +4 more

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX

Male Appellant (husband)

XXXX XXXX

Female Appellant (mother)

XXXX XXXX

Minor Appellant (son)

Procedural Posture

Refugee Appeal (refugee Appeal Division) / Decision on Appeal (rad)

Legal Issues

  1. 1 Whether the principal appellant is a genuine Falun Gong practitioner and therefore a Convention refugee
  2. 2 Whether the RPD erred in credibility findings regarding use of a smuggler and surrender of passports
  3. 3 Whether the male, female and minor appellants demonstrated sincerity/knowledge of Falun Gong

Ratio Decidendi

After an independent review the RAD found the principal appellant credible and a Convention refugee because she sincerely practises Falun Gong, Falun Gong practitioners are persecuted by the Chinese state, state protection and internal flight are not viable; however the male, female and minor appellants lacked sufficient knowledge indicative of genuine Falun Gong practice and their appeals were dismissed.

Court Disposition

Appeal allowed in part: principal appellant allowed as a Convention refugee; appeals of the male, female and minor appellants dismissed.

Orders

  • Allow appeal of the principal appellant and recognize her as a Convention refugee.
  • Dismiss the appeals of the male appellant, the female appellant and the minor appellant and confirm the RPD decision that they are neither Convention refugees nor persons in need of protection.