2020 RLLR 132

2020 RLLR 132

The claimant established on a balance of probabilities that as a Falun Gong practitioner she faces a serious possibility of state persecution throughout China, and because state protection and an internal flight alternative are not available, she meets the s.96 test and is a Convention refugee.

Citation
2020 RLLR 132
Parties
Claimant: XXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
28 October 2020
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision of the Refugee Protection Division
Outcome
Claim allowed; claimant accepted as a Convention refugee.
Legal Topics
Convention Refugee, Persecution, Particular Social Group, Falun Gong, State Protection, Internal Flight Alternative, Credibility and Corroboration
Source Language
English
Immigration and Refugee Law Refugee Protection Human Rights Convention Refugee Persecution Particular Social Group Falun Gong State Protection +2 more

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Parties

XXX

Claimant

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Decision of the Refugee Protection Division

Legal Issues

  1. 1 Whether the claimant is a Convention refugee
  2. 2 Whether the claimant is credible and corroborated
  3. 3 Whether the claimant is a member of a particular social group (Falun Gong practitioners)

Ratio Decidendi

The claimant established on a balance of probabilities that as a Falun Gong practitioner she faces a serious possibility of state persecution throughout China, and because state protection and an internal flight alternative are not available, she meets the s.96 test and is a Convention refugee.

Court Disposition

Claim allowed; claimant accepted as a Convention refugee.

Orders

  • Claim accepted; claimant determined to be a Convention refugee.