[2012] 3 F.C.R. D-12
Citizenship and Immigration
Status in Canada
Convention Refugees and Persons in Need of Protection
Judicial review of Immigration and Refugee Board Refugee Protection Division (RPD) decision applicant neither Convention refugee nor person in need of protection—Applicant, citizen of Peoples’ Republic of China (PRC), seeking protection in Canada on basis of persecution he says he will suffer in PRC because he is a Christian—RPD denying applicant’s claim on basis applicant not Christian, not facing risk of persecution in PRC—RPD erroneously determining whether applicant genuine Christian by way of trivia, without balancing negative findings against what applicant did know about Christianity—Also basing genuineness finding upon negative credibility finding—This was unreasonable—RPD engaging in speculation, microscopic analysis, inferences drawn from omissions in applicant’s testimony—This flawed analysis tainting credibility finding to such an extent as to render decision unreasonable—RPD also relying on peripheral matters to reject major aspects of applicant’s claim—Finally, conclusion applicant would be able to practice his religion in PRC, no serious possibility applicant would be persecuted for doing so, also unreasonable based on evidence—Application allowed.
Chen v. Canada (Citizenship and Immigration) (IMM-5918-11, 2012 FC 510, Russell J., judgment dated May 2, 2012, 28 pp.)