TB4-09589

TB4-09589

On independent review the RAD affirmed the RPD because the Appellant's testimony was not credible on material matters (travel, smuggler assistance, passport use and Canadian activities), the proffered documents lacked probative weight and identification, and the totality of evidence established he was not a genuine Falun Gong practitioner nor at risk; therefore the appeal is dismissed under s.111(1)(a) IRPA.

Citation
TB4-09589
Parties
Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
28 January 2015
Procedural Posture
Refugee Appeal (rad Review of RPD Decision) / RAD Decision on Appeal; Oral Hearing Request Denied
Outcome
Appeal dismissed; RPD determination confirmed that Appellant is neither a Convention refugee nor a person in need of protection.
Legal Topics
Credibility, Sur Place Claim, Persecution, Falun Gong, Standard of Review, Corroboration
Source Language
English
Immigration Refugee Law Credibility Sur Place Claim Persecution Falun Gong Standard of Review Corroboration

Case Brief

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Parties

XXXX XXXX

Appellant

Procedural Posture

Refugee Appeal (rad Review of RPD Decision) / RAD Decision on Appeal; Oral Hearing Request Denied

Legal Issues

  1. 1 Standard of review for the RAD
  2. 2 Whether the Appellant is a genuine Falun Gong practitioner (sur place claim)
  3. 3 Credibility of testimony regarding travel, smuggling, passport and activities in Canada

Ratio Decidendi

On independent review the RAD affirmed the RPD because the Appellant's testimony was not credible on material matters (travel, smuggler assistance, passport use and Canadian activities), the proffered documents lacked probative weight and identification, and the totality of evidence established he was not a genuine Falun Gong practitioner nor at risk; therefore the appeal is dismissed under s.111(1)(a) IRPA.

Court Disposition

Appeal dismissed; RPD determination confirmed that Appellant is neither a Convention refugee nor a person in need of protection.

Orders

  • Appeal dismissed and RPD determination confirmed under s.111(1)(a) IRPA.
  • Request for an oral hearing denied.