The Student Herald

Canada Immigration Case law Canada Chen IMMIGRATION — Judicial review — General

· Updated October 3, 2016

Canada Immigration Case law  Canada  Chen IMMIGRATION — Judicial review — General

Canada Immigration Case law  Canada  Chen IMMIGRATION — Judicial review — General

Judgement for this Case: Click here!

IMMIGRATION — Judicial review — General — Applicants were mother and son and were citizens of China — Mother claimed to be practitioner of Falun Gong and wanted by Public Security Bureau in China — Refugee Protection Division (RPD) found mother not to be credible and concluded she was not Falun Gong practitioner in China — Mother also claimed that she practiced Falun Gong in Canada — RPD found that mother had only gotten involved in Falun Gong in Canada to advance fraudulent refugee claim — Applicants applied for judicial review — Application dismissed — RPD’s decision that mother was not Falun Gong practitioner in China was reasonable — Assessment was based on her testimony, conflicts and inconsistencies in evidence and discrepancies between testimony and facts — RPD did not err in assessing sur place claim — RPD was entitled to assess genuineness of mother’s assertion that she had become practitioner in Canada in light of credibility concerns relating to original authenticity of claim — Where there was adverse credibility finding, evidence of applicant was entitled to little weight — Given evidence before RPD, decision was reasonable

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