TB4-05765

TB4-05765

The RAD confirmed the RPD because the RPD made numerous, uncontested credibility findings including a deliberate misrepresentation that critically undermined the appellants' claims; absent credible personal evidence and persuasive country-based proof that state protection in Peru would be unavailable, the appellants failed to establish a serious possibility of persecution in Peru or China and the appeal must be dismissed.

Citation
TB4-05765
Parties
Principal Appellant: XXXX XXXX; Husband: XXXX XXXX; Minor Appellant: XXXX XXXX XXXX; Mother in Law: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
15 October 2014
Procedural Posture
Refugee Appeal (rad Review of RPD Decision) / Decision on Appeal (final)
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Refugee Protection, Credibility Findings, State Protection, Persecution Based on Ethnicity, Religious Practice (falun Gong), One Child Policy/family Planning
Source Language
English
Immigration Refugee Law Administrative Law Refugee Protection Credibility Findings State Protection Persecution Based on Ethnicity Religious Practice (falun Gong) +1 more

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX

Husband

XXXX XXXX XXXX

Minor Appellant

XXXX XXXX

Mother in Law

Procedural Posture

Refugee Appeal (rad Review of RPD Decision) / Decision on Appeal (final)

Legal Issues

  1. 1 Whether appellants face a well-founded fear of persecution in Peru or China
  2. 2 Whether state protection is available in Peru
  3. 3 Whether RPD credibility findings and finding of misrepresentation undermine the claims

Ratio Decidendi

The RAD confirmed the RPD because the RPD made numerous, uncontested credibility findings including a deliberate misrepresentation that critically undermined the appellants' claims; absent credible personal evidence and persuasive country-based proof that state protection in Peru would be unavailable, the appellants failed to establish a serious possibility of persecution in Peru or China and the appeal must be dismissed.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Refugee Appeal Division confirms Refugee Protection Division decision of May 29, 2014
  • Appeal dismissed in its entirety; no referral to RPD