TB8-11806

TB8-11806

Because the Principal Appellant knowingly submitted material falsehoods in her Basis of Claim, failed to provide reasonable explanations or corroboration for key allegations (including the mailed indictment) and the Associate Appellant omitted material medical facts, the presumption of truth was rebutted and the RPD's adverse credibility findings and conclusion that the appellants are not genuine Falun Gong practitioners and not at risk on return were justified; the appeal is dismissed.

Citation
TB8-11806
Parties
Principal Appellant: XXXX XXXX; Associate Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
25 February 2020
Procedural Posture
Refugee Protection Appeal (rad Review of RPD Decision) / Decision on Appeal (rad)
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Refusal of Refugee Protection, Credibility Findings, Sur Place, Religious Persecution, Corroboration Requirements
Source Language
English
Immigration Refugee Law Administrative Law Evidence Refusal of Refugee Protection Credibility Findings Sur Place Religious Persecution +1 more

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX

Associate Appellant

Procedural Posture

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

Legal Issues

  1. 1 Whether the RPD's adverse credibility findings were reasonable
  2. 2 Whether the Principal Appellant's false Basis of Claim justifies adverse inferences
  3. 3 Whether appellants are genuine Falun Gong practitioners

Ratio Decidendi

Because the Principal Appellant knowingly submitted material falsehoods in her Basis of Claim, failed to provide reasonable explanations or corroboration for key allegations (including the mailed indictment) and the Associate Appellant omitted material medical facts, the presumption of truth was rebutted and the RPD's adverse credibility findings and conclusion that the appellants are not genuine Falun Gong practitioners and not at risk on return were justified; the appeal is dismissed.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed
  • Decision of the Refugee Protection Division confirmed