RAD – CHINA – ANTI-GOVERNMENT ACTIVITIES X (Re), 2018 CanLII 143915 (CA IRB)
The Appellant is a citizen of China who alleges that he is at risk in China due to his anti-government activities. He alleges he was detained by the Public Security Bureau (PSB) on three occasions, but no charges were laid. The Refugee Protection Division (RPD) found that he was not credible, and he was not at risk from the PSB.
On appeal, the appellant submitted new evidence. The Refugee Appeal Division (RAD) found it did not comply with s.110(4) of the IRPA as it was reasonably available pre-decision and did not accept new evidence. However, the RAD found that there was no inconsistency in his testimony and the panel had made an error by misstating his testimony. The RAD was convinced that the appellant is politically active. It also determined that the RPD’s negative findings were predominantly based on a misreading or misunderstanding of the evidence in regard to detention and passport issuance. Pursuant to s.111(1)(b) of the IRPA, the RAD set aside the determination of the RPD and substitutes its own that the appellant is a convention refugee.