TB6-04955

TB6-04955

On independent review the RAD found the RPD's adverse credibility findings justified: objective evidence of robust Chinese exit controls (Golden Shield, advance passenger information), the submission of boarding passes inconsistent with appellants' account, contradictions and omissions in testimony, absence of corroborative documents (summons/warrant), and unexplained delay in claiming cumulatively rendered appellants' allegations of being pursued by the PSB not credible; accordingly the RAD confirmed the RPD and dismissed the appeal.

Citation
TB6-04955
Parties
Principal Appellant: XXXX XXXX; Associated Appellant: XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
15 June 2016
Procedural Posture
Refugee Appeal (rad Review of RPD Decision) / Final Decision on Appeal
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Credibility Assessment, Exit Controls and Border Security (golden Shield), Delay in Claiming, Standard of Review (rad Over Rpd), Convention Refugee Status, Person in Need of Protection
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Assessment Exit Controls and Border Security (golden Shield) Delay in Claiming Standard of Review (rad Over Rpd) Convention Refugee Status +1 more

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX

Associated Appellant

Minister

Respondent

Procedural Posture

Refugee Appeal (rad Review of RPD Decision) / Final Decision on Appeal

Legal Issues

  1. 1 Whether the RPD erred in negative credibility findings
  2. 2 Whether the appellants were wanted by the Public Security Bureau (PSB) and thus at risk if returned
  3. 3 Whether the appellants left China with smuggler assistance or on their own passports

Ratio Decidendi

On independent review the RAD found the RPD's adverse credibility findings justified: objective evidence of robust Chinese exit controls (Golden Shield, advance passenger information), the submission of boarding passes inconsistent with appellants' account, contradictions and omissions in testimony, absence of corroborative documents (summons/warrant), and unexplained delay in claiming cumulatively rendered appellants' allegations of being pursued by the PSB not credible; accordingly the RAD confirmed the RPD and dismissed the appeal.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed and RPD decision confirmed pursuant to subsection 111(1)(a) of the Immigration and Refugee Protection Act
  • No substitution of a positive finding in favour of the appellants; matter not remitted to RPD