TB7-21561

TB7-21561

The appeal is dismissed because the panel found the Appellants not credible on a determinative point: it was implausible they exited China on genuine passports while being actively sought by the PSB given the up-to-date country condition evidence on sophisticated exit controls and the Appellants' insufficient and vague evidence about how their smuggler circumvented those controls; that credibility finding disposes of both the refugee and sur place claims.

Citation
TB7-21561
Parties
Appellants: XXXX XXXX XXXXXXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
30 March 2021
Procedural Posture
Refugee Appeal Redetermination After Judicial Review / Redetermination by Refugee Appeal Division (rad)
Outcome
Appeal dismissed
Legal Topics
Credibility Assessment, Sur Place Claim, New Evidence Admissibility, Judicial Review, Country Conditions, Exit Controls (golden Shield), Smuggling/bribery
Source Language
English
Immigration Law Refugee Law Administrative Law Credibility Assessment Sur Place Claim New Evidence Admissibility Judicial Review Country Conditions +2 more

Case Brief

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Parties

XXXX XXXX XXXXXXXX XXXX

Appellants

Minister

Respondent

Procedural Posture

Refugee Appeal Redetermination After Judicial Review / Redetermination by Refugee Appeal Division (rad)

Legal Issues

  1. 1 Whether the Appellants are credible
  2. 2 Whether it was plausible they exited China on their own passports despite being sought by PSB
  3. 3 Admissibility and credibility of new evidence under subsection 110(4) IRPA and Singh criteria

Ratio Decidendi

The appeal is dismissed because the panel found the Appellants not credible on a determinative point: it was implausible they exited China on genuine passports while being actively sought by the PSB given the up-to-date country condition evidence on sophisticated exit controls and the Appellants' insufficient and vague evidence about how their smuggler circumvented those controls; that credibility finding disposes of both the refugee and sur place claims.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Appellants are neither Convention refugees nor persons in need of protection