CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Convention Refugees |
Xue v. Canada (Minister of Citizenship and Immigration)
IMM-4477-99
Rothstein J.A. (ex officio)
23/10/00
7 pp.
Application for judicial review of Refugee Division's rejection of applicant's refugee claim on ground applicant had not sought state protection in China--Board did not find credible applicant's claim fear of reprisals reason did not wish to approach anti-corruption office as applicant had not been afraid to participate in protest and shout slogans about corruption--Application dismissed--Nothing inconsistent in Board's reasoning--Conclusion not unreasonable--As to standard of proof, Board did not err in imposing on applicant, for purposes of rebutting presumption of state protection, burden of higher degree of probability commensurate with clear and convincing requirement of Canada (Attorney General) v. Ward, [1993] 2 S.C.R. 689; R. v. Oakes, [1986] 1 S.C.R. 103, at p. 137.