TB5-11550

TB5-11550

The RAD, applying its hybrid appellate review, found the appellants not credible on central issues due to absence of expected corroborating documents (rental agreement, dismissal letters), unexplained inconsistencies (employment and undisclosed U.S. visa refusal), and lack of evidence that PSB practice in their locality would not have produced a summons/warrant; on the balance of probabilities these deficiencies justified adverse inferences and defeat the claims — appeals dismissed confirming RPD that appellants are neither Convention refugees nor persons in need of protection.

Citation
TB5-11550
Parties
Appellant (male): XXXX XXXX; Appellant (female): XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
17 February 2016
Procedural Posture
Refugee Appeal Under the Immigration and Refugee Protection Act / Appeal to the Refugee Appeal Division — Decision on Appeal (no New Evidence Filed)
Outcome
Appeals dismissed; RAD confirms RPD that appellants are neither Convention refugees nor persons in need of protection pursuant to s.111(1)(a) IRPA
Legal Topics
Convention Refugee, Person in Need of Protection, Credibility Assessment, Standard of Review, Corroboration, State Persecution, Falun Gong
Source Language
English
Immigration Refugee Law Administrative Law Evidence Law Convention Refugee Person in Need of Protection Credibility Assessment Standard of Review +3 more

Case Brief

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Parties

XXXX XXXX

Appellant (male)

XXXX XXXX

Appellant (female)

Minister

Respondent

Procedural Posture

Refugee Appeal Under the Immigration and Refugee Protection Act / Appeal to the Refugee Appeal Division — Decision on Appeal (no New Evidence Filed)

Legal Issues

  1. 1 What is the applicable standard of review for RAD of RPD decisions
  2. 2 Whether the RPD made erroneous credibility findings
  3. 3 Whether appellants qualify as Convention refugees or persons in need of protection

Ratio Decidendi

The RAD, applying its hybrid appellate review, found the appellants not credible on central issues due to absence of expected corroborating documents (rental agreement, dismissal letters), unexplained inconsistencies (employment and undisclosed U.S. visa refusal), and lack of evidence that PSB practice in their locality would not have produced a summons/warrant; on the balance of probabilities these deficiencies justified adverse inferences and defeat the claims — appeals dismissed confirming RPD that appellants are neither Convention refugees nor persons in need of protection.

Court Disposition

Appeals dismissed; RAD confirms RPD that appellants are neither Convention refugees nor persons in need of protection pursuant to s.111(1)(a) IRPA

Orders

  • Appeals dismissed
  • RAD confirms RPD decision pursuant to section 111(1)(a) of the IRPA