CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Convention Refugees |
Chen v. Canada (Minister of Citizenship and Immigration)
IMM-1509-01
2002 FCT 480, O'Keefe J.
26/4/02
11 pp.
Judicial review of CRDD decision applicant not Convention refugee--Applicant, citizen of China, claiming well-founded fear of persecution in China on basis of perceived religion, political opinion, membership in particular social group, i.e. due to Falun Gong beliefs, practices--CRDD finding applicant not credible--Application allowed--(1) CRDD erred in not addressing issue of whether applicant presently believer, practitioner of Falun Gong--Such finding necessary to determine whether applicant Convention refugee--Decision also not addressing Falun Gong activities in Toronto, Canada--Such evidence should have been considered--(2) CRDD erred in not addressing issue of whether applicant might face persecution on return due to adherence to Falun Gong--Salibian v. Canada (Minister of Employment and Immigration), [1990] 3 F.C. 250 (C.A.) setting out criteria against which claims to Convention refugee status to be evaluated, including (i) applicant not required to show personally persecuted in past or would be in future; (ii) applicant can show fear he had resulted not from reprehensible acts committed or likely to be committed directly against him but from reprehensible acts committed or likely to be committed against members of group to which belonged-- CRDD making finding not believing applicant herself persecuted--Applicant able to show her fear based on acts committed or likely to be committed against others belonging to same group as one to which she belongs--Evidence in record members of Falun Gong persecuted in China--Refugee claim could succeed based on membership in Falun Gong if CRDD to find members of Falun Gong group persecuted or likely to be persecuted--Thus important to determine in clear language whether or not applicant member of Falun Gong-- CRDD not completing analysis with respect to persecution due to applicant's membership in Falun Gong as not determining whether or not member of Falun Gong--Both errors reviewable.