TC0-07431

TC0-07431

The RAD set aside the RPD's adverse credibility findings as unjustified, found the appellants to be sincere practising Christians, accepted that objective country evidence of the 2018 Sinicization campaign in China created a real risk of persecution for members of unregistered house churches in Hebei, and substituted its own decision granting Convention refugee status to the appellants.

Citation
TC0-07431
Parties
Principal Appellant: XXXX XXXX XXXX; Associate Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
12 March 2021
Procedural Posture
Refugee Appeal (refugee Appeal Division) From RPD Negative Determination / Decision on Appeal; Substituted Decision Issued
Outcome
Appeal allowed; RPD decision set aside and substituted: appellants declared Convention refugees
Legal Topics
Religious Persecution, Credibility of Witness Testimony, Sur Place, Internal Flight Alternative, Procedural Fairness, Admission of New Evidence, Country Condition Evidence (sinicization)
Source Language
English
Immigration Refugee Law Administrative Law Religious Persecution Credibility of Witness Testimony Sur Place Internal Flight Alternative Procedural Fairness +2 more

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Parties

XXXX XXXX XXXX

Principal Appellant

XXXX XXXX

Associate Appellant

Procedural Posture

Refugee Appeal (refugee Appeal Division) From RPD Negative Determination / Decision on Appeal; Substituted Decision Issued

Legal Issues

  1. 1 sincerity of religious belief of appellants
  2. 2 credibility findings based on discrepancies between testimony and Basis of Claim
  3. 3 objective risk of religious persecution in Hebei in light of 2018 Sinicization policy

Ratio Decidendi

The RAD set aside the RPD's adverse credibility findings as unjustified, found the appellants to be sincere practising Christians, accepted that objective country evidence of the 2018 Sinicization campaign in China created a real risk of persecution for members of unregistered house churches in Hebei, and substituted its own decision granting Convention refugee status to the appellants.

Court Disposition

Appeal allowed; RPD decision set aside and substituted: appellants declared Convention refugees

Orders

  • RPD decision set aside
  • Substitute decision issued: appellants recognized as Convention refugees