CITIZENSHIP AND IMMIGRATION |
Immigration Practice |
Zhang v. Canada (Minister of Citizenship and Immigration)
IMM-5580-03
2004 FC 1274, Russell J.
17/9/04
16 pp.
Judicial review of decision of Refugee Protection Division of Immigration and Refugee Board (Board) determining applicant not Convention refugee or person in need of protection--Applicant, Chinese, claiming refugee status in Canada on basis of religion--Participated in underground Christian church and provided venue for church services-- Chinese Public Security Bureau (PSB) discovered underground church but applicant escaped while other members arrested--Applicant went into hiding and heard PSB looking for him; made arrangements to flee China through smuggler--Board finding applicant lacked credibility given inconsistencies and implausibilities in testimony--Board doubting applicant genuine believer or events specified actually occurred--At conclusion of hearing, Refugee Protection Officer (RPO) pointed out that applicant's name had appeared in article in local Chinese newspaper identifying applicant as having disappeared, with others, from delegation with which travelling to Canada and asking for information on missing people's whereabouts--After Board asked RPO to try to obtain copy of article, applicant obtained article with translation--Board's Presiding Member refused to enter article, translation into evidence as late and not relevant to claim--Applicant argued article showed potentially facing arrest, imprisonment on return to China for obtaining exit permission under false pretenses and for leaving business delegation with which had travelled to Canada--Respondent submitting open to Board to refuse to admit article into evidence because no indication of authenticity--That claimant could face fine or imprisonment for breaking law not basis for granting refugee protection--Even if applicant imprisoned, documentary evidence indicating deportees facing maximum sentence of one year--Link needed between general country conditions and specific likelihood of harm upon applicant's return to country of nationality--Where claimant's oral testimony only evidence linking claimant to alleged persecution, if claimant lacking credibility, no credible and trustworthy evidence supporting claim--Refugee claim based on fear of persecution because of religious affiliations, activities and need of protection from Chinese authorities because of religious commitment--No real justification offered that would require or justify Board exercising power to allow article, translation into evidence after deadline-- Board also correct in finding newspaper article's probative value dubious--Moreover, article's statement applicant absconding delegate amounting to fundamental contradiction of refugee claim on grounds of religious affiliations--If article's content proven, article confirming Board's negative as to credibility finding applicant's narrative--Applicant's reasons to introduce article into evidence amounting to entirely new claim having no nexus to refugee ground (absconding delegate) and no connection to basis of initial claim for protection as member of underground Christian church--Two claims entirely incompatible since applicant refugee could not come to Canada as absconding delegate and as smuggled Christian refugee at same time--Connections applicant now seeking to make between article and fear of authorities tenuous at best and not connections initially presented to Board--Board correct in rejecting article-- Application dismissed.