TB6-02213

TB6-02213

RAD confirmed RPD decision because, after independently reviewing the record, the cumulative adverse credibility findings were compelling and supported by objective documentary evidence (notably Chinese exit controls/Golden Shield); the single piece of new evidence on US visa checks was admitted but afforded minimal...

Source-derived case information.

Citation
TB6-02213
Parties
Appellant: XXXX XXXX XXXX; Appellant: XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
22 March 2017
Procedural Posture
Refugee Appeal Under IRPA / Redetermination of Appeal by RAD Following Federal Court Remittal
Outcome
Appeal dismissed; RAD confirms RPD decision pursuant to s.111(1)(a) IRPA.
Legal Topics
Credibility Assessment, Admissibility of New Evidence S.110(4) IRPA, Oral Hearing S.110(6) IRPA, Standard of Review, Document Authenticity, Sur Place Claim, Exit Controls and Information Sharing
Source Language
english
Immigration Law Refugee Law Administrative Law Credibility Assessment Admissibility of New Evidence S.110(4) IRPA Oral Hearing S.110(6) IRPA Standard of Review Document Authenticity +2 more

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Parties

XXXX XXXX XXXX

Appellant

XXXX XXXX

Appellant

Procedural Posture

Refugee Appeal Under IRPA / Redetermination of Appeal by RAD Following Federal Court Remittal

Legal Issues

  1. 1 Whether RAD should admit new documentary evidence under s.110(4) IRPA
  2. 2 Whether an oral hearing was required under s.110(6) IRPA
  3. 3 Whether the RPD erred in adverse credibility findings regarding Falun Gong identity and related facts

Ratio Decidendi

RAD confirmed RPD decision because, after independently reviewing the record, the cumulative adverse credibility findings were compelling and supported by objective documentary evidence (notably Chinese exit controls/Golden Shield); the single piece of new evidence on US visa checks was admitted but afforded minimal weight and was not material to justify an oral hearing or to overturn the RPD credibility findings, therefore no serious possibility of persecution was established and the appeal was dismissed.

Court Disposition

Appeal dismissed; RAD confirms RPD decision pursuant to s.111(1)(a) IRPA.

Orders

  • Appeal dismissed and RPD decision confirmed