| Citation: |
Zheng v. Canada (Minister of Citizenship and Immigration), 2009 FC 327, [2009] 3 F.C.R. D-18 |
IMM-3121-08 |
Citizenship and Immigration
Status in Canada
Convention Refugees
Judicial review of Refugee Protection Division of Immigration and Refugee Board’s refusal to grant refugee status—Applicant threatened of sterilization for not complying with Chinese authorities’ demands to accept intrauterine device (IUD), submit to re-education program—Board finding forced use of IUD not constituting persecution pursuant to Immigration and Refugee Protection Act, S.C. 2001, c. 27, s. 96, because arising from law of general application for women of child bearing age—Board’s finding, over-simplification of applicable legal principles, error of law—Board’s analysis strained, insensitive, incomplete—Necessary to critically examine means by which state’s objectives achieved—More coercive or physically intrusive approach increasing likelihood state’s conduct persecutory—Woman’s reproductive liberty basic right—Forcible insertion of IUD form of state persecution—Application allowed.
Zheng v. Canada (Minister of Citizenship and Immigration) (IMM-3121-08, 2009 FC 327, Barnes J., judgment dated March 30, 2009, 10 pp.)