2023 RLLR 152

2023 RLLR 152

The Panel found on the balance of probabilities that the claimants, as members of an underground Christian house church in China whose activities came to the attention of authorities, face a serious possibility of persecution on account of their religion; state protection is unavailable and no viable internal flight alternative exists, therefore they meet the definition of Convention refugees under s.96 IRPA.

Citation
2023 RLLR 152
Parties
Principal Claimant: XXXX XXXX; Minor Claimant: XXXX XXXX XXXX; Representative for Minor Claimant: XXXX XXXX
Court
Royal Canadian Mounted Police Labour Relations
Jurisdiction
Canada
Judgment Date
5 December 2023
Procedural Posture
Refugee Protection Claim Under IRPA / Decision After Hearing
Outcome
Claim allowed; both claimants found to be Convention refugees
Legal Topics
Religion Based Persecution, Convention Refugee, State Protection, Internal Flight Alternative, Credibility Assessment, Child Refugee Claimant
Source Language
English
Immigration Law Refugee Law Administrative Law Human Rights Law Religion Based Persecution Convention Refugee State Protection Internal Flight Alternative +2 more

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Parties

XXXX XXXX

Principal Claimant

XXXX XXXX XXXX

Minor Claimant

XXXX XXXX

Representative for Minor Claimant

Procedural Posture

Refugee Protection Claim Under IRPA / Decision After Hearing

Legal Issues

  1. 1 Whether claimants face a serious possibility of persecution on account of religion
  2. 2 Whether the state is the agent of persecution and state protection is unavailable
  3. 3 Whether an internal flight alternative exists

Ratio Decidendi

The Panel found on the balance of probabilities that the claimants, as members of an underground Christian house church in China whose activities came to the attention of authorities, face a serious possibility of persecution on account of their religion; state protection is unavailable and no viable internal flight alternative exists, therefore they meet the definition of Convention refugees under s.96 IRPA.

Court Disposition

Claim allowed; both claimants found to be Convention refugees

Orders

  • Both the principal claimant and the minor claimant are accepted as Convention refugees under section 96 of the IRPA; claim allowed