TB5-01193

TB5-01193

The RAD confirms the RPD decision: the principal Appellant was not credible on material aspects of her claim (insufficient knowledge and implausible explanations about Falun Gong and absence of summons/warrant), the RPD's reasoning was comprehensible and supported by the record, and the RAD will defer to RPD findings where the RPD had an advantage; accordingly the Appellants are neither Convention refugees nor persons in need of protection.

Citation
TB5-01193
Parties
Principal Appellant: XXXX XXXX XXX; Minor Appellant: XXXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
29 April 2015
Procedural Posture
Refugee Protection Appeal / Appeal to Refugee Appeal Division Decision Rendered
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Credibility Findings, Standard of Review, Deference to Lower Tribunal, Religious Persecution (falun Gong), Procedural Rules for RAD
Source Language
English
Immigration Refugee Law Administrative Law Credibility Findings Standard of Review Deference to Lower Tribunal Religious Persecution (falun Gong) Procedural Rules for RAD

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Parties

XXXX XXXX XXX

Principal Appellant

XXXXX XXXX

Minor Appellant

Procedural Posture

Refugee Protection Appeal / Appeal to Refugee Appeal Division Decision Rendered

Legal Issues

  1. 1 Whether the RAD should defer to RPD credibility findings and to what extent
  2. 2 Whether the RPD erred in finding the principal Appellant not credible based on limited knowledge of Falun Gong
  3. 3 Whether it was implausible that Chinese authorities did not issue a summons or arrest warrant

Ratio Decidendi

The RAD confirms the RPD decision: the principal Appellant was not credible on material aspects of her claim (insufficient knowledge and implausible explanations about Falun Gong and absence of summons/warrant), the RPD's reasoning was comprehensible and supported by the record, and the RAD will defer to RPD findings where the RPD had an advantage; accordingly the Appellants are neither Convention refugees nor persons in need of protection.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Pursuant to IRPA s.111(1)(a) the Refugee Appeal Division confirms the Refugee Protection Division decision; the appeals are dismissed.