TB8-31340

TB8-31340

The RPD erred in its credibility reasoning and in failing to assess the appellants' post-arrival adoption of Falun Gong; on the evidence the appellants became genuine Falun Gong practitioners in Canada, their association came to the attention of Chinese authorities, and they therefore face a serious possibility of persecution with no state protection or internal flight alternative, so the RAD substitutes a finding that they are Convention refugees.

Citation
TB8-31340
Parties
Principal Appellant: XXXX XXXX; Associate Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
23 June 2020
Procedural Posture
Refugee Appeal / RAD Decision Substituting RPD Determination
Outcome
Appeal allowed; RAD sets aside RPD determination and substitutes its own finding that the Appellants are Convention refugees
Legal Topics
Sur Place Claim, Credibility Assessment, Convention Refugee, Religious Persecution, State Protection, Internal Flight Alternative, Falun Gong
Source Language
English
Immigration Law Refugee Law Administrative Law Sur Place Claim Credibility Assessment Convention Refugee Religious Persecution State Protection +2 more

Case Brief

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX

Associate Appellant

Procedural Posture

Refugee Appeal / RAD Decision Substituting RPD Determination

Legal Issues

  1. 1 Whether the Appellants are genuine Falun Gong practitioners
  2. 2 Whether the Appellants face a serious possibility of persecution if returned to China
  3. 3 Whether the RPD erred in its credibility findings and in failing to assess the sur place claim properly

Ratio Decidendi

The RPD erred in its credibility reasoning and in failing to assess the appellants' post-arrival adoption of Falun Gong; on the evidence the appellants became genuine Falun Gong practitioners in Canada, their association came to the attention of Chinese authorities, and they therefore face a serious possibility of persecution with no state protection or internal flight alternative, so the RAD substitutes a finding that they are Convention refugees.

Court Disposition

Appeal allowed; RAD sets aside RPD determination and substitutes its own finding that the Appellants are Convention refugees

Orders

  • Pursuant to paragraph 111(1)(b) of the Immigration and Refugee Protection Act, the RAD sets aside the RPD determination and substitutes its own determination that the Appellants are Convention refugees