CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Convention Refugees |
Chow v. Canada (Minister of Citizenship and Immigration)
IMM-678-99
Heneghan J.
31/5/00
7 pp.
Judicial review of IRB decision applicant not Convention refugee--Applicant citizen of People's Republic of China--Claimed refugee status based on membership in particular social group, namely women in China with more than one child--At port of entry applicant stated claiming refugee status because "family planning, can't have more children without paying fine"--Board finding general lack of credibility based on implausibilities, omissions in applicant's testimony, particularly failure to mention main fear of forced sterilization at port of entry--Application allowed--Irrational, unreasonable for IRB to use documentary evidence in contradictory manner--Irrational to first find family planning authorities in China ruthless and use this information to disbelieve applicant's testimony regarding release from detention without sterilization, and then to subsequently state applicant not having objective fear of persecution given IRB's finding that in her province, based on her profile, applicant would be treated more leniently by family planning authorities--IRB also stressing applicant's husband remaining in China without being harassed--Applicant explained husband's licence taken away by authorities as consequence of evasion of sterilization--Given husband's licence revoked, IRB not having regard to totality of evidence in reaching conclusion husband not harassed by authorities.