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The Federal Court dismissed Weibin Mai’s judicial review, finding the RPD’s adverse credibility findings and rejection of his Falun Gong refugee claim were reasonable.
Motor vehicle personal injury trial with admitted liability. The court rejected Negligence Act apportionment, denied adverse inferences, and awarded damages.
The court dismissed forfeiture claims over three Hells Angels clubhouses, and held the Civil Forfeiture Act’s future-use provisions ultra vires.
Judicial review of an RPD refusal of refugee protection was dismissed. The Court upheld the Board’s adverse credibility findings and declined a late Charter delay argument.
The RAD confirmed the RPD because cumulative adverse credibility findings—failure to disclose loss of RIC in the BoC, failure to tender passport with implausible explanation for its loss, implausibility of exiting China on a passport in his name given documentary evidence of the Golden Shield and exit controls, and inadequate evidence of genuine religious practice—undermined the appellant's refugee and sur place claims; therefore the appellant failed to prove a serious possibility of persecution or risk under IRPA.
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The Federal Court dismissed judicial review of a Refugee Protection Division decision, upholding adverse credibility findings and a conclusion that the risk claimed was generalized.
Applying the reasonableness standard, the RAD found the RPD's adverse credibility findings were justified, transparent and intelligible given inconsistencies (return to Congo despite being wanted, passport renewal explanation, omissions in the Basis of Claim, email date error and delay in claiming protection); therefore the RPD's conclusion that the appellant is neither a Convention refugee nor a person in need of protection is upheld.
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The RAD confirmed the RPD decision: the RPD reasonably found on a balance of probabilities that the Principal Appellant is a Pakistani citizen, made multiple adverse credibility findings based on contradictions, omissions and late changes to the record, concluded the May 24, 2013 statutory declaration was not new evidence warranting a hearing under s.110(6) IRPA, and found no procedural fairness breach significant enough to disturb the decision; accordingly the appellants are neither Convention refugees nor persons in need of protection.
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The Federal Court allowed judicial review of an RPD decision rejecting a refugee claim based on sexual orientation, finding several credibility findings unreasonable and unsupported.
Federal Court allowed judicial review of a refugee decision, finding several adverse credibility findings unsupported by the record and based on conjecture.
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