TB8-12300

TB8-12300

The appeal is dismissed because, on a balance of probabilities, the appellant is not credible: the summons tendered is fraudulent and the appellant lacks sufficient, commensurate knowledge of Falun Gong given his claimed period of practice, therefore he is neither a Convention refugee nor a person in need of protection.

Citation
TB8-12300
Parties
Appellant / Person Who Is the Subject of the Appeal: XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
27 July 2020
Procedural Posture
Refugee Protection Appeal Under IRPA / Appeal Heard by Refugee Appeal Division — Reasons and Decision (final Disposition)
Outcome
Appeal dismissed; decision of the Refugee Protection Division confirmed
Legal Topics
Credibility Assessment, Procedural Fairness, Document Fraud, Religious Persecution, Falun Gong, Standard of Review
Source Language
English
Immigration Refugee Law Administrative Law Credibility Assessment Procedural Fairness Document Fraud Religious Persecution Falun Gong +1 more

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Parties

XXXX XXXX

Appellant / Person Who Is the Subject of the Appeal

Minister

Respondent

Procedural Posture

Refugee Protection Appeal Under IRPA / Appeal Heard by Refugee Appeal Division — Reasons and Decision (final Disposition)

Legal Issues

  1. 1 Whether the appellant is credible
  2. 2 Whether the summons is genuine or fraudulent
  3. 3 Whether the appellant is a genuine Falun Gong practitioner

Ratio Decidendi

The appeal is dismissed because, on a balance of probabilities, the appellant is not credible: the summons tendered is fraudulent and the appellant lacks sufficient, commensurate knowledge of Falun Gong given his claimed period of practice, therefore he is neither a Convention refugee nor a person in need of protection.

Court Disposition

Appeal dismissed; decision of the Refugee Protection Division confirmed

Orders

  • Appeal dismissed
  • Decision of the Refugee Protection Division confirmed that the appellant is neither a Convention refugee nor a person in need of protection