TB7-10208

TB7-10208

The RAD confirmed the RPD decision because the Appellant failed to establish on a balance of probabilities that he was being sought by the Public Security Bureau: adverse credibility findings on multiple material aspects and a total lack of corroborative documentation meant there was no serious possibility of persecution; the only identified error (implausibility finding about smuggler delay) was not determinative.

Citation
TB7-10208
Parties
Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
20 February 2018
Procedural Posture
Refugee Protection Appeal (rad) / Decision on Appeal
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Convention Refugee, Person in Need of Protection, Credibility Assessment, Corroboration, Standard of Review, Oral Hearing
Source Language
English
Immigration Law Refugee Law Administrative Law Convention Refugee Person in Need of Protection Credibility Assessment Corroboration Standard of Review +1 more

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Parties

XXXX XXXX

Appellant

Procedural Posture

Refugee Protection Appeal (rad) / Decision on Appeal

Legal Issues

  1. 1 Whether the Appellant was being pursued by the Public Security Bureau for harbouring a Falun Gong practitioner
  2. 2 Credibility of the Appellant's testimony
  3. 3 Delay in departure from China and plausibility of smuggler explanation

Ratio Decidendi

The RAD confirmed the RPD decision because the Appellant failed to establish on a balance of probabilities that he was being sought by the Public Security Bureau: adverse credibility findings on multiple material aspects and a total lack of corroborative documentation meant there was no serious possibility of persecution; the only identified error (implausibility finding about smuggler delay) was not determinative.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Appeal dismissed and decision of the Refugee Protection Division confirmed pursuant to subsection 111(1)(a) of the Immigration and Refugee Protection Act.
  • No oral hearing ordered; appeal was decided on the record as no new evidence under s.110(4) was submitted.