TC0-05861

TC0-05861

Appellant failed to prove she is a genuine and committed practitioner of Guanyin Famen; her inconsistent and vague testimony, together with questionable documentary evidence and the prevalence of document fraud, mean the summons and detention/release document are not authenticated on a balance of probabilities; therefore there is not a serious possibility the PSB would persecute her on return and the RPD decision denying refugee or protection status is confirmed under IRPA s.111(1)(a).

Citation
TC0-05861
Parties
Appellant / Person Who Is the Subject of the Appeal: XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
2 December 2020
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Decision (reasons for Decision)
Outcome
Appeal dismissed; RPD decision confirmed; appellant not a Convention refugee nor a person in need of protection.
Legal Topics
Refugee Protection, Persecution Risk, Credibility Findings, Document Authenticity, Religious Freedom (guanyin Famen)
Source Language
English
Immigration Law Refugee Law Administrative Law Evidence Law Refugee Protection Persecution Risk Credibility Findings Document Authenticity +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

XXXX XXXX

Appellant / Person Who Is the Subject of the Appeal

Minister

Respondent

Procedural Posture

Refugee Appeal (refugee Appeal Division) / Decision (reasons for Decision)

Legal Issues

  1. 1 Whether the appellant is a genuine practitioner of Guanyin Famen
  2. 2 Whether the appellant faces a serious possibility of persecution by the Public Security Bureau on return to China
  3. 3 Whether the summons and detention/release documents are authentic and sufficient to establish risk

Ratio Decidendi

Appellant failed to prove she is a genuine and committed practitioner of Guanyin Famen; her inconsistent and vague testimony, together with questionable documentary evidence and the prevalence of document fraud, mean the summons and detention/release document are not authenticated on a balance of probabilities; therefore there is not a serious possibility the PSB would persecute her on return and the RPD decision denying refugee or protection status is confirmed under IRPA s.111(1)(a).

Court Disposition

Appeal dismissed; RPD decision confirmed; appellant not a Convention refugee nor a person in need of protection.

Orders

  • Appeal dismissed
  • Decision of the Refugee Protection Division confirmed pursuant to s.111(1)(a) of the Immigration and Refugee Protection Act