TC0-08582

TC0-08582

The appeal is dismissed because the Appellant failed, on a balance of probabilities, to establish that she is a Convention refugee or a person in need of protection: credible country‑conditions evidence and local data for Fuqing, Fujian indicate low risk to unregistered Protestant practice; the family‑planning...

Source-derived case information.

Citation
TC0-08582
Parties
Person Who Is the Subject of the Appeal / Appellant: XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
8 June 2021
Procedural Posture
Refugee Appeal to the Refugee Appeal Division (rad) / Decision (appeal Heard; Reasons for Decision Issued)
Outcome
Appeal dismissed; RPD decision confirmed (Appellant is neither a Convention refugee nor a person in need of protection)
Legal Topics
Convention Refugee Status, Persecution for Religion, Family‑planning Policy, Credibility and Documentary Evidence, Country Conditions Assessment, Remedies (remittal)
Source Language
english
Immigration Law Refugee Law Administrative Law Human Rights Convention Refugee Status Persecution for Religion Family‑planning Policy Credibility and Documentary Evidence +2 more

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Parties

XXXX XXXX

Person Who Is the Subject of the Appeal / Appellant

Minister

Respondent

Procedural Posture

Refugee Appeal to the Refugee Appeal Division (rad) / Decision (appeal Heard; Reasons for Decision Issued)

Legal Issues

  1. 1 Whether the Appellant is a Convention refugee due to religious persecution
  2. 2 Whether the Appellant faces a risk of persecution or serious harm from family‑planning enforcement (forced sterilization)
  3. 3 Whether the Appellant's supporting documents are genuine and whether credibility findings are justified

Ratio Decidendi

The appeal is dismissed because the Appellant failed, on a balance of probabilities, to establish that she is a Convention refugee or a person in need of protection: credible country‑conditions evidence and local data for Fuqing, Fujian indicate low risk to unregistered Protestant practice; the family‑planning evidence does not show a current serious risk of forced sterilization and submitted family‑planning documents and a birth certificate were found not genuine; credibility and documentary deficiencies fatally undermine the claim.

Court Disposition

Appeal dismissed; RPD decision confirmed (Appellant is neither a Convention refugee nor a person in need of protection)