TB4-11784

TB4-11784

After independent review the RAD found the RPD's adverse credibility findings and the objective country evidence and document assessment justified denying protection; the appellants failed to establish a serious possibility of persecution from family planning authorities and the appeal is dismissed.

Citation
TB4-11784
Parties
Appellant: XXXX; Minor Appellant: XXXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
4 March 2015
Procedural Posture
Refugee Appeal (refugee Appeal Division) / Decision on Appeal (rad Decision)
Outcome
Appeal dismissed; RPD decision confirmed under s.111(1)(a) IRPA.
Legal Topics
Credibility Assessment, Corroboration of Documents, Country Conditions, One Child Policy, Forced Sterilization/abortion, Standard of Review (rad)
Source Language
English
Immigration Law Refugee Law Administrative Law Human Rights Family Planning Policy Credibility Assessment Corroboration of Documents Country Conditions +3 more

Case Brief

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Parties

XXXX

Appellant

XXXXX

Minor Appellant

Procedural Posture

Refugee Appeal (refugee Appeal Division) / Decision on Appeal (rad Decision)

Legal Issues

  1. 1 Whether the RPD erred in credibility findings
  2. 2 Whether the RPD improperly assessed corroborating documents
  3. 3 Whether the appellants face a risk of persecution on account of family planning policies including forced sterilization/abortion

Ratio Decidendi

After independent review the RAD found the RPD's adverse credibility findings and the objective country evidence and document assessment justified denying protection; the appellants failed to establish a serious possibility of persecution from family planning authorities and the appeal is dismissed.

Court Disposition

Appeal dismissed; RPD decision confirmed under s.111(1)(a) IRPA.