TB6-05606

TB6-05606

The RAD confirmed the RPD's adverse credibility and documentary findings and dismissed the appeal because the Appellants failed to meet the evidentiary burden: the prescription was admitted but did not alter credibility findings; key corroborative documents (medical booklet, full Birth Control Service Card, credible sterilization notices) were missing or deficient, the RPD's reasons for disbelief were entitled to deference, and the change to a national two-child policy reduced the likelihood of mandatory sterilization such that there is no serious possibility of persecution or personal risk to life, cruel or unusual treatment, or torture on return.

Citation
TB6-05606
Parties
Principal Appellant: XXXX XXXX XXXX; Male Appellant: XXXX XXXX XXXX; Minor Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
10 August 2016
Procedural Posture
Refugee Appeal Under IRPA / Decision on Appeal by Refugee Appeal Division (rad)
Outcome
Appeals dismissed; RPD decision confirmed.
Legal Topics
Forced Sterilization, One Child/two Child Policy, Credibility Findings, Admission of New Evidence, Standard of Review
Source Language
English
Immigration Refugee Law Administrative Law Family Planning Policy Forced Sterilization One Child/two Child Policy Credibility Findings Admission of New Evidence +1 more

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Male Appellant

XXXX XXXX

Minor Appellant

Procedural Posture

Refugee Appeal Under IRPA / Decision on Appeal by Refugee Appeal Division (rad)

Legal Issues

  1. 1 Whether Appellants face a real risk of forced sterilization or other persecution if returned to China
  2. 2 Whether proposed new evidence meets s.110(4) IRPA and should be admitted
  3. 3 Whether the RPD's adverse credibility and documentary findings were reasonable and entitled to deference by the RAD

Ratio Decidendi

The RAD confirmed the RPD's adverse credibility and documentary findings and dismissed the appeal because the Appellants failed to meet the evidentiary burden: the prescription was admitted but did not alter credibility findings; key corroborative documents (medical booklet, full Birth Control Service Card, credible sterilization notices) were missing or deficient, the RPD's reasons for disbelief were entitled to deference, and the change to a national two-child policy reduced the likelihood of mandatory sterilization such that there is no serious possibility of persecution or personal risk to life, cruel or unusual treatment, or torture on return.

Court Disposition

Appeals dismissed; RPD decision confirmed.

Orders

  • Appeals TB6-05606, TB6-05607 and TB6-05608 dismissed and RPD decision confirmed pursuant to s.111(1)(a) IRPA
  • Prescription dated May 5, 2016 admitted as new evidence; other internet articles and documents excluded as new evidence