TC1-01021

TC1-01021

Passports admitted as new evidence were found genuine and established the appellants' personal and national identities on a balance of probabilities; RAD conducted an independent assessment, found appellants credible Falun Gong practitioners, concluded state protection and internal flight alternative were unavailable, and therefore held appellants have a well‑founded fear of persecution as Convention refugees, setting aside the RPD decision and substituting a grant of refugee protection.

Citation
TC1-01021
Parties
Principal Appellant: XXXX XXXX; Associate Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
4 November 2021
Procedural Posture
Refugee Protection Appeal (refugee Appeal Division) / Decision on Appeal Substitution of RPD Determination
Outcome
Appeal allowed; RPD determination set aside and substituted: appellants are Convention refugees.
Legal Topics
Identity, Credibility, New Evidence, Convention Refugee, Persecution, Falun Gong, State Protection, Internal Flight Alternative, Rule 27, Section 96, Section 97(1), Paragraph 111(1)(b)
Source Language
English
Immigration Refugee Law Administrative Law Evidence Law Identity Credibility New Evidence Convention Refugee +8 more

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX

Associate Appellant

Procedural Posture

Refugee Protection Appeal (refugee Appeal Division) / Decision on Appeal Substitution of RPD Determination

Legal Issues

  1. 1 Admissibility of new evidence (passports)
  2. 2 Establishment of personal and national identity
  3. 3 Credibility of claimants

Ratio Decidendi

Passports admitted as new evidence were found genuine and established the appellants' personal and national identities on a balance of probabilities; RAD conducted an independent assessment, found appellants credible Falun Gong practitioners, concluded state protection and internal flight alternative were unavailable, and therefore held appellants have a well‑founded fear of persecution as Convention refugees, setting aside the RPD decision and substituting a grant of refugee protection.

Court Disposition

Appeal allowed; RPD determination set aside and substituted: appellants are Convention refugees.

Orders

  • Set aside the Refugee Protection Division determination dated February 2, 2021.
  • Substitute determination that the appellants are Convention refugees pursuant to paragraph 111(1)(b) of the IRPA.