2023 RLLR 154

2023 RLLR 154

Claimant was found credible and demonstrated on a balance of probabilities that they are a genuine Falun Gong practitioner; evidence and country documents establish pervasive state persecution of Falun Gong practitioners and that state protection and internal flight alternatives are unavailable throughout China;...

Source-derived case information.

Citation
2023 RLLR 154
Parties
Claimant: XXXX XXXX; Respondent: Canada
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
18 April 2023
Procedural Posture
Refugee Protection Claim (convention Refugee Determination) / Decision Rendered After Hearing
Outcome
Claim allowed; claimant determined to be a Convention refugee
Legal Topics
Convention Refugee, Persecution, Religion (falun Gong), Credibility Assessment, State Protection, Internal Flight Alternative, Nexus
Source Language
english
Immigration Law Refugee Law Administrative Law Human Rights Convention Refugee Persecution Religion (falun Gong) Credibility Assessment +3 more

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Summary, issues, holding and outcome

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Parties

XXXX XXXX

Claimant

Canada

Respondent

Procedural Posture

Refugee Protection Claim (convention Refugee Determination) / Decision Rendered After Hearing

Legal Issues

  1. 1 Whether the claimant is a Convention refugee under sections 96 and 97 of the Immigration and Refugee Protection Act
  2. 2 Whether the claimant’s fear is connected to a Convention ground (religion)
  3. 3 Credibility of claimant’s account and corroboration

Ratio Decidendi

Claimant was found credible and demonstrated on a balance of probabilities that they are a genuine Falun Gong practitioner; evidence and country documents establish pervasive state persecution of Falun Gong practitioners and that state protection and internal flight alternatives are unavailable throughout China; therefore claimant meets the Convention refugee definition under IRPA sections 96 and 97.

Court Disposition

Claim allowed; claimant determined to be a Convention refugee

Orders

  • Claim accepted; claimant granted Convention refugee status