TB6-05482

TB6-05482

The RAD dismissed the appeals and confirmed the RPD: the summons and school dismissal notice were found fraudulent on balance of probabilities, the RPD's credibility and plausibility findings were supported by evidence concerning China's Golden Shield and exit controls making it highly unlikely the Appellants could have exited China if wanted, and therefore on the balance of probabilities the Appellants are not wanted by authorities and do not face a serious possibility of persecution or risk of torture or cruel and unusual treatment on return.

Citation
TB6-05482
Parties
Principal Appellant: XXXX XXXX XXXX; Male Appellant: XXXX XXXX XXXX; Adult Daughter / Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
27 July 2016
Procedural Posture
Refugee Protection Appeal / Appeal Decision by Refugee Appeal Division (rad)
Outcome
appeals dismissed; RPD decision confirmed
Legal Topics
Refusal of Refugee Status, Credibility and Plausibility Findings, Document Authenticity, Standard of Review, Exit Controls and Border Security
Source Language
English
Immigration Law Refugee Law Administrative Law Refusal of Refugee Status Credibility and Plausibility Findings Document Authenticity Standard of Review Exit Controls and Border Security

Case Brief

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Male Appellant

XXXX XXXX

Adult Daughter / Appellant

Procedural Posture

Refugee Protection Appeal / Appeal Decision by Refugee Appeal Division (rad)

Legal Issues

  1. 1 Whether Appellants are Convention refugees or persons in need of protection
  2. 2 Whether documentary evidence (summons, school dismissal notice) is authentic
  3. 3 Whether RPD erred in credibility and plausibility findings regarding protest participation and escape from China

Ratio Decidendi

The RAD dismissed the appeals and confirmed the RPD: the summons and school dismissal notice were found fraudulent on balance of probabilities, the RPD's credibility and plausibility findings were supported by evidence concerning China's Golden Shield and exit controls making it highly unlikely the Appellants could have exited China if wanted, and therefore on the balance of probabilities the Appellants are not wanted by authorities and do not face a serious possibility of persecution or risk of torture or cruel and unusual treatment on return.

Court Disposition

appeals dismissed; RPD decision confirmed

Orders

  • Appeals dismissed
  • RAD confirms the RPD determination that the Appellants are neither Convention refugees nor persons in need of protection pursuant to s.111(1)(a) IRPA