TB9-35505

TB9-35505

The RPD erred in its credibility and sur place assessments: the Peoples Court summons is genuine, there was no evidentiary basis to infer that the Appellant could not have exited China using her passport, and objective country evidence establishes that Falun Gong practitioners and their family members face a real...

Source-derived case information.

Citation
TB9-35505
Parties
Appellant: XXXX XXXX; Associate Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
17 June 2020
Procedural Posture
Refugee Protection Appeal / Refugee Appeal Division Substituted Decision
Outcome
Appeal allowed; substituted decision that the Appellants are Convention refugees
Legal Topics
Credibility Assessment, Sur Place, Persecution of Falun Gong Practitioners, State Protection, Family Association Risk
Source Language
english
Immigration and Refugee Law Refugee Law Administrative Law Human Rights Credibility Assessment Sur Place Persecution of Falun Gong Practitioners State Protection +1 more

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Summary, issues, holding and outcome

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Parties

XXXX XXXX

Appellant

XXXX XXXX

Associate Appellant

Procedural Posture

Refugee Protection Appeal / Refugee Appeal Division Substituted Decision

Legal Issues

  1. 1 Whether the RPD erred in its credibility findings
  2. 2 Whether the RPD properly assessed genuineness of a Peoples Court summons
  3. 3 Whether the RPD erred in inferring that the Appellant could not leave China using her passport due to the Golden Shield database

Ratio Decidendi

The RPD erred in its credibility and sur place assessments: the Peoples Court summons is genuine, there was no evidentiary basis to infer that the Appellant could not have exited China using her passport, and objective country evidence establishes that Falun Gong practitioners and their family members face a real risk of persecution; accordingly the Appellants are Convention refugees and the appeal is allowed by substituted decision.

Court Disposition

Appeal allowed; substituted decision that the Appellants are Convention refugees

Orders

  • Appeal allowed
  • Substituted decision: Appellants are found to be Convention refugees