TB4-11625

TB4-11625

Given the lack of corroboration (no summons or warrant despite multiple alleged visits), the Appellant's uncorroborated ability to exit China on her genuine passport in light of Golden Shield exit controls, and absence of evidence of political motivation or targeted persecution for harbouring, the RAD confirmed the RPD that the Appellant did not establish credibility, nexus to a Convention ground, or a serious risk of persecution or torture and therefore is neither a Convention refugee nor a person in need of protection.

Citation
TB4-11625
Parties
Appellant: XXXXX; Respondent: Minister
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
4 March 2015
Procedural Posture
Refugee Protection Appeal / RAD Decision on Appeal From RPD
Outcome
Appeal dismissed; RPD determination confirmed
Legal Topics
Credibility, Nexus to Convention Grounds, Summons Issuance, Exit Controls/golden Shield, Family Jeopardy, Standard of Review
Source Language
English
Immigration Refugee Law Administrative Law Credibility Nexus to Convention Grounds Summons Issuance Exit Controls/golden Shield Family Jeopardy +1 more

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Parties

XXXXX

Appellant

Minister

Respondent

Procedural Posture

Refugee Protection Appeal / RAD Decision on Appeal From RPD

Legal Issues

  1. 1 Whether the Appellant's evidence is credible
  2. 2 Whether a summons or warrant would have been issued/left by PSB
  3. 3 Whether the Appellant could have exited China on her own passport despite being pursued

Ratio Decidendi

Given the lack of corroboration (no summons or warrant despite multiple alleged visits), the Appellant's uncorroborated ability to exit China on her genuine passport in light of Golden Shield exit controls, and absence of evidence of political motivation or targeted persecution for harbouring, the RAD confirmed the RPD that the Appellant did not establish credibility, nexus to a Convention ground, or a serious risk of persecution or torture and therefore is neither a Convention refugee nor a person in need of protection.

Court Disposition

Appeal dismissed; RPD determination confirmed

Orders

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