CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Convention Refugees |
Shen v. Canada (Minister of Citizenship and Immigration)
IMM-313-03
2003 FC 983, Kelen J.
15/8/03
8 pp.
Judicial review of decision of Refugee Protection Division of Immigration and Refugee Board applicants declared not Convention refugees--Applicants husband and wife, citizens of China--Claimed to fear persecution if returned to China as having two children contrary to family planning policy of government--Daughter born on October 29, 1995 in China, son born on September 19, 2002 in Canada--Before Refugee Division, female applicant claimed forced to undergo abortion in 1996, target of family planning authorities when became pregnant again--Based on issue paper showing that nearly 60% of women of childbearing age in China have two or more children, panel rejected female applicant's testimony very few women in her work unit have more than one child--Panel overlooked critical evidence--Fear of persecution under China's one-child policy largely dependent on practices of relevant local authority--While panel acknowledged variability of enforcement of policy in urban, rural areas, it made no effort to tailor analysis to situation applicants would face upon return to China--Panel's decision made without proper regard to evidence--Refugee Division did not consider specific evidence with respect to sanctions, ramifications claimants will experience upon being returned to urban area in province of Guangdong--Persecution second child Canadian-born infant will expe is directly experienced by parents, not "indirect persecution"--Persecution of infant persecution of parents, regardless of infant's citizenship-- Applicants' claims remitted to Refugee Division for redetermination to address potential treatment of applicants' son in China as ground for claim, to address direct impact China's one-child policy would have on applicants if returned to China--Application allowed.