TB4-03319

TB4-03319

The RAD confirmed the RPD's adverse credibility findings as reasonable: the Appellant's failure to use an available US visa and inconsistencies in documentary evidence, combined with evidence about China's Golden Shield and PSB involvement, justified negative inferences and meant the Appellant did not establish she...

Source-derived case information.

Citation
TB4-03319
Parties
Appellant: XXXXX; Respondent: Minister (Canada)
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
24 July 2014
Procedural Posture
Refugee Appeal / Final Decision (appeal)
Outcome
Appeal dismissed; decision of the RPD confirmed under section 111(1)(a) IRPA
Legal Topics
Credibility Assessment, Family Planning Policy, Forced Abortion, Forced Sterilization, Standard of Review
Source Language
english
Immigration Refugee Law Administrative Law Credibility Assessment Family Planning Policy Forced Abortion Forced Sterilization Standard of Review

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

XXXXX

Appellant

Minister (Canada)

Respondent

Procedural Posture

Refugee Appeal / Final Decision (appeal)

Legal Issues

  1. 1 Whether the RPD erred in drawing negative credibility inferences based on a purported misapprehension of documentary evidence
  2. 2 Whether the RPD made speculative findings not supported by evidence
  3. 3 Whether the Appellant would have been prevented from exiting China due to the Golden Shield Project

Ratio Decidendi

The RAD confirmed the RPD's adverse credibility findings as reasonable: the Appellant's failure to use an available US visa and inconsistencies in documentary evidence, combined with evidence about China's Golden Shield and PSB involvement, justified negative inferences and meant the Appellant did not establish she was a Convention refugee or a person in need of protection.

Court Disposition

Appeal dismissed; decision of the RPD confirmed under section 111(1)(a) IRPA

Orders

  • Pursuant to section 111(1)(a) IRPA, the Refugee Appeal Division confirms the RPD decision that the Appellant is neither a Convention refugee nor a person in need of protection; appeal dismissed