TB9-30396

TB9-30396

The RAD allowed the appeal and substituted its own decision that the appellants are Convention refugees because credible and corroborated evidence established that the Principal Appellant and the children are genuine adherents to Christianity, would likely be perceived as such in China, and face a serious possibility of persecution from state actions against unregulated house churches; visa fraud was insufficient to discredit the totality of the evidence and there was no viable internal flight alternative or state protection.

Citation
TB9-30396
Parties
Principal Appellant: XXXX XXXX; Associate Appellant: XXXX XXXX XXXX; Minor Associate Appellant: XXXX XXXX; Minor Associate Appellant: XXXX XXXX XXXX
Court
Refugee Appeal Division
Jurisdiction
Canada
Judgment Date
18 February 2021
Procedural Posture
Refugee Appeal (convention Refugee Claim) / Decision on Appeal by Refugee Appeal Division; Substituted Decision Issued
Outcome
Appeal allowed; substituted decision that the Appellants are Convention refugees
Legal Topics
Religious Persecution, Forced Sterilization, Credibility, New Evidence, Internal Flight Alternative, State Protection, Procedural Fairness, Sinicization, House Churches
Source Language
English
Immigration Law Refugee Law Administrative Law Human Rights Law Religious Persecution Forced Sterilization Credibility New Evidence +5 more

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Parties

XXXX XXXX

Principal Appellant

XXXX XXXX XXXX

Associate Appellant

XXXX XXXX

Minor Associate Appellant

XXXX XXXX XXXX

Minor Associate Appellant

Procedural Posture

Refugee Appeal (convention Refugee Claim) / Decision on Appeal by Refugee Appeal Division; Substituted Decision Issued

Legal Issues

  1. 1 Whether the Principal Appellant and children are genuine adherents to Christianity
  2. 2 Whether they face a serious possibility of persecution in China for religion
  3. 3 Whether visa fraud/inconsistent information undermines credibility of religious claim

Ratio Decidendi

The RAD allowed the appeal and substituted its own decision that the appellants are Convention refugees because credible and corroborated evidence established that the Principal Appellant and the children are genuine adherents to Christianity, would likely be perceived as such in China, and face a serious possibility of persecution from state actions against unregulated house churches; visa fraud was insufficient to discredit the totality of the evidence and there was no viable internal flight alternative or state protection.

Court Disposition

Appeal allowed; substituted decision that the Appellants are Convention refugees

Orders

  • Appeal allowed and substituted decision that the Appellants are Convention refugees.
  • Affidavit dated XXXX 2020 and accompanying documentary evidence accepted into the record; no further hearing ordered on new evidence.