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Canada Case Law

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Immigration law TB8-08828

TB8-08828

Court
Refugee Appeal Division

The appeal is dismissed because the RAD found the RPD's adverse credibility findings were justified and conducted an independent correctness review: the sterilization certificate was not new and therefore inadmissible; the objective and subjective evidence did not establish a real risk from family planning authorities (likely only fines) nor that either appellant is a genuine Christian or that their church activity in Canada would be known to Chinese authorities; the domestic violence claim lacked prior disclosure and independent corroboration; accordingly the appellants are neither Conventio…

Source excerpt

  • Credibility
  • Sur place
  • Family planning
  • Religious persecution
  • Domestic violence
  • Admissibility of new evidence
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Immigration TB6-07418

TB6-07418

Court
Refugee Appeal Division

The RAD confirmed the RPD's adverse credibility and evidentiary findings on a balance of probabilities — fraudulent summons, unexplained absence of medical records, evolving and evasive testimony, and inadequate knowledge of Falun Gong — and therefore concluded the Appellant failed to prove a well‑founded fear or need for protection; appeal dismissed under paragraph 111(1)(a) IRPA.

Source excerpt

  • Credibility
  • Documentary evidence authenticity
  • Judicial review
  • Sur place
  • Persecution
  • Religious practice (falun gong)
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Immigration law VB4-01769

VB4-01769

Court
Refugee Appeal Division

On independent assessment the RAD confirmed the RPD: appellants failed to prove a personalized, well‑founded fear of persecution on a Convention ground or, on the balance of probabilities, a personal risk of serious harm under s.97; the new country documents lacked a direct link to the appellants, prior conduct (open practice and re‑availment/return) undermined claimed fear, and no evidence established violation of family planning laws, therefore appeal dismissed.

Source excerpt

  • Credibility
  • Nexus
  • Country conditions
  • Family planning
  • Property expropriation
  • Standard of review
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Refugee protection TA8-19572

TA8-19572

Court
Refugee Protection Division

The panel rejected the claimants' refugee and protection claims because material inconsistencies and negative inferences destroyed their credibility regarding Christian practice and persecution, and available country evidence showed fines (not sterilization or imprisonment) as the prevailing sanction in Guangdong and that children born abroad are unlikely to be counted, so no serious possibility of persecution or risk of torture/cruel treatment existed.

Source excerpt

  • Religious practice
  • Freedom of religion
  • Credibility assessment
  • One-child policy
  • Forced sterilization
  • Family planning
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Immigration and refugee law TA8-20329

TA8-20329

Court
Refugee Protection Division

Claimants failed to discharge the onus to prove they are Chinese nationals and failed credibility assessment due to multiple material inconsistencies, omissions and suspect documentation; country evidence shows fines rather than forced sterilization in Guangdong; therefore there is no serious possibility of persecution for religion or sterilization and the claims (adult and minor) are rejected.

Source excerpt

  • Forced sterilization
  • Family planning
  • Religious persecution
  • Sur place
  • Identity documents
  • Credibility
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Immigration law VA6-01785

VA6-01785

Court
Refugee Protection Division

Claimant's fear of persecution is not well-founded because the twins are Canadian and if they remain abroad there is no reliable evidence that Chinese authorities would count them for family planning enforcement against the claimant; absent that nexus and in light of documentary evidence, there is only a mere possibility of sanctions and no personal risk meeting s.97, therefore the claim fails.

Source excerpt

  • Family planning
  • One-child policy
  • Forced sterilization/abortion
  • Particular social group
  • Gender-based persecution
  • Section 97 protection
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Immigration TA6-06889

TA6-06889

Court
Refugee Protection Division

The panel found the claimant's identity and documentary evidence not credible or potentially inauthentic and, on the totality of evidence including country documents showing fines rather than forced sterilization/abortion, the claimant failed to prove on a balance of probabilities that she or her child face persecution, torture, or cruel and unusual treatment; therefore the claimants are neither Convention refugees nor persons in need of protection.

Source excerpt

  • One-child policy
  • Family planning
  • Identity documents
  • Credibility
  • Forced sterilization
  • Forced abortion
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About this LexChat collection

Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.