TB8-25520

TB8-25520

On the balance of probabilities the summons submitted was fraudulent; submission of that fraudulent document destroyed the Appellant's credibility and, combined with country evidence showing low risk for Pentecostal Christians in Guangdong, there is no well‑founded fear of persecution; accordingly the RAD confirms...

Source-derived case information.

Citation
TB8-25520
Parties
Appellant: XXXX XXXX (a.k.a XXXX XXXX); Respondent: Minister of Immigration, Refugees and Citizenship
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
14 August 2019
Procedural Posture
Refugee Protection Appeal / Decision on Appeal by Refugee Appeal Division Confirming RPD Decision
Outcome
Appeal dismissed; RPD decision confirmed
Legal Topics
Credibility Findings, Religious Persecution, Country Conditions, Document Authenticity, Standard of Review
Source Language
en
Immigration Law Refugee Law Administrative Law Credibility Findings Religious Persecution Country Conditions Document Authenticity Standard of Review

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Parties

XXXX XXXX (a.k.a XXXX XXXX)

Appellant

Minister of Immigration, Refugees and Citizenship

Respondent

Procedural Posture

Refugee Protection Appeal / Decision on Appeal by Refugee Appeal Division Confirming RPD Decision

  1. 1 Whether the Appellant's evidence and testimony were credible
  2. 2 Whether the summons and related documents were authentic
  3. 3 Whether the Appellant faces a well-founded fear of persecution for Pentecostal Christianity on return to China

Ratio Decidendi

On the balance of probabilities the summons submitted was fraudulent; submission of that fraudulent document destroyed the Appellant's credibility and, combined with country evidence showing low risk for Pentecostal Christians in Guangdong, there is no well‑founded fear of persecution; accordingly the RAD confirms the RPD decision and dismisses the appeal under paragraph 111(1)(a) IRPA.

Court Disposition

Appeal dismissed; RPD decision confirmed

Orders

  • Pursuant to paragraph 111(1)(a) IRPA the decision of the Refugee Protection Division is confirmed
  • The appeal is dismissed