TC2-29547

TC2-29547

On independent assessment the Appellant was not a genuine practitioner of GYFM, the purported PSB 'letter of warning' and 'summons' are not authentic on a balance of probabilities, the new evidence admitted was not determinative, and therefore there is no established well‑founded fear or personal risk of persecution or torture on return; appeal dismissed and RPD decision confirmed.

Citation
TC2-29547
Parties
Appellant (person Who Is the Subject of the Appeal): XXXX XXXX; Respondent: Minister (Respondent); Designated Representative: Designated representative
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
29 March 2023
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Final Decision (reasons for Decision)
Outcome
Appeal dismissed; RPD decision confirmed.
Legal Topics
Credibility Assessment, Document Authenticity and Verification, Sur Place Claims, Admissibility of New Evidence, Oral Hearing Discretion, Risk of Persecution, Standards of Review
Source Language
English
Immigration Law Refugee Protection Administrative Law Evidence Law Credibility Assessment Document Authenticity and Verification Sur Place Claims Admissibility of New Evidence +3 more

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Parties

XXXX XXXX

Appellant (person Who Is the Subject of the Appeal)

Minister (Respondent)

Respondent

Designated representative

Designated Representative

Procedural Posture

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

Legal Issues

  1. 1 Whether the Appellant is a genuine practitioner of Guanyin Yin Fa Men (GYFM) and thus credible
  2. 2 Whether the purported PSB 'letter of warning' and 'summons' are authentic
  3. 3 Whether the Appellant has a well‑founded sur place claim based on activities in Canada

Ratio Decidendi

On independent assessment the Appellant was not a genuine practitioner of GYFM, the purported PSB 'letter of warning' and 'summons' are not authentic on a balance of probabilities, the new evidence admitted was not determinative, and therefore there is no established well‑founded fear or personal risk of persecution or torture on return; appeal dismissed and RPD decision confirmed.

Court Disposition

Appeal dismissed; RPD decision confirmed.

Orders

  • Appeal dismissed and Refugee Protection Division decision confirmed.