2019 RLLR 29

2019 RLLR 29

Claimants established on balance of probabilities that they are genuine Falun Gong practitioners who were subjected to arrests, detention and torture and that objective country evidence shows Falun Gong practitioners face persecution across China; state protection and internal flight alternative are not available, therefore they are Convention refugees.

Citation
2019 RLLR 29
Parties
Claimant (mother): [XXX]; Claimant (daughter): [XXX]
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
18 November 2019
Procedural Posture
Refugee Protection Convention Refugee Claim / Decision (oral)
Outcome
Claim allowed; claimants found to be Convention refugees
Legal Topics
Persecution, Religion/spiritual Belief (falun Gong), State Protection, Internal Flight Alternative, Credibility Assessment, Torture and Ill Treatment
Source Language
English
Immigration Law Refugee Law Human Rights Law Persecution Religion/spiritual Belief (falun Gong) State Protection Internal Flight Alternative Credibility Assessment +1 more

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Parties

[XXX]

Claimant (mother)

[XXX]

Claimant (daughter)

Procedural Posture

Refugee Protection Convention Refugee Claim / Decision (oral)

Legal Issues

  1. 1 Whether claimants qualify as Convention refugees
  2. 2 Whether persecution was on account of religion/spiritual belief (Falun Gong)
  3. 3 Whether state protection is available

Ratio Decidendi

Claimants established on balance of probabilities that they are genuine Falun Gong practitioners who were subjected to arrests, detention and torture and that objective country evidence shows Falun Gong practitioners face persecution across China; state protection and internal flight alternative are not available, therefore they are Convention refugees.

Court Disposition

Claim allowed; claimants found to be Convention refugees

Orders

  • Claimants granted refugee protection
  • Notice of decision to be mailed to claimants and counsel