TB5-06824

TB5-06824

The RAD independently reviewed the record, accepted the cumulative adverse credibility findings of the RPD regarding the appellant's identity as a Falun Gong practitioner, found the failure to claim in the U.S. undermined subjective fear and supported an asylum-shopping inference, found no reasonable apprehension of bias, and determined the documentary evidence did not establish a sur place claim or a serious possibility of persecution; therefore the RPD decision was confirmed and the appeal dismissed pursuant to IRPA s.111(1)(a).

Citation
TB5-06824
Parties
Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
5 October 2015
Procedural Posture
Immigration Refugee Protection Appeal to RAD / Refugee Appeal Division Decision Under Review by Refugee Appeal Division
Outcome
Appeal dismissed; RPD decision confirmed pursuant to s.111(1)(a) of the Immigration and Refugee Protection Act (IRPA).
Legal Topics
Credibility, Sur Place, Asylum Shopping, Bias, Persecution, Falun Gong Membership
Source Language
English
Immigration Refugee Law Administrative Law Credibility Sur Place Asylum Shopping Bias Persecution +1 more

Case Brief

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Parties

XXXX XXXX

Appellant

Procedural Posture

Immigration Refugee Protection Appeal to RAD / Refugee Appeal Division Decision Under Review by Refugee Appeal Division

Legal Issues

  1. 1 Whether the RPD erred in credibility findings regarding the appellant's identity as a Falun Gong practitioner
  2. 2 Whether failure to claim refugee protection in the United States undermines subjective fear and credibility
  3. 3 Whether the RPD member displayed a reasonable apprehension of bias

Ratio Decidendi

The RAD independently reviewed the record, accepted the cumulative adverse credibility findings of the RPD regarding the appellant's identity as a Falun Gong practitioner, found the failure to claim in the U.S. undermined subjective fear and supported an asylum-shopping inference, found no reasonable apprehension of bias, and determined the documentary evidence did not establish a sur place claim or a serious possibility of persecution; therefore the RPD decision was confirmed and the appeal dismissed pursuant to IRPA s.111(1)(a).

Court Disposition

Appeal dismissed; RPD decision confirmed pursuant to s.111(1)(a) of the Immigration and Refugee Protection Act (IRPA).

Orders

  • Appeal dismissed and Refugee Protection Division decision of June 15, 2015 confirmed pursuant to IRPA s.111(1)(a)