TB9-19676

TB9-19676

The RAD allowed the appeal: the RPD breached procedural fairness by importing prior findings into a de novo hearing; on independent assessment the summons is authentic on a balance of probabilities and the Principal Appellant is a genuine Falun Gong practitioner; returning would expose the family to a serious possibility of persecution; therefore the RPD determination is set aside and substituted with a finding that the Appellants are Convention refugees.

Citation
TB9-19676
Parties
Principal Appellant: XXXX XXXX; Associate Appellant (husband): XXXX XXXX; Associate Appellant (son): XXXX XXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
20 December 2019
Procedural Posture
Refugee Appeal (rad) / Appeal From RPD Decision After Federal Court Remand; De Novo Assessment at RAD
Outcome
Appeal allowed; RPD determination set aside and substituted
Legal Topics
Refugee Claim, Sur Place, Procedural Fairness, Credibility Findings, State Protection, Internal Flight Alternative, De Novo Review/remand
Source Language
English
Immigration and Refugee Law Administrative Law Human Rights Refugee Claim Sur Place Procedural Fairness Credibility Findings State Protection +2 more

Case Brief

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX

Associate Appellant (husband)

XXXX XXXX

Associate Appellant (son)

Minister

Respondent

Procedural Posture

Refugee Appeal (rad) / Appeal From RPD Decision After Federal Court Remand; De Novo Assessment at RAD

Legal Issues

  1. 1 Whether the RPD breached procedural fairness by importing prior findings into a de novo hearing
  2. 2 Whether the summons issued by Chinese authorities is authentic on a balance of probabilities
  3. 3 Whether the Principal Appellant is a genuine Falun Gong practitioner and faces persecution

Ratio Decidendi

The RAD allowed the appeal: the RPD breached procedural fairness by importing prior findings into a de novo hearing; on independent assessment the summons is authentic on a balance of probabilities and the Principal Appellant is a genuine Falun Gong practitioner; returning would expose the family to a serious possibility of persecution; therefore the RPD determination is set aside and substituted with a finding that the Appellants are Convention refugees.

Court Disposition

Appeal allowed; RPD determination set aside and substituted

Orders

  • Set aside the determination of the Refugee Protection Division and substitute a determination that the Appellants are Convention refugees pursuant to paragraph 111(1)(b) of the Immigration and Refugee Protection Act