Citation: 2019 RLLR 216
Tribunal: Refugee Protection Division
Date of Decision: October 2, 2019
Panel: S. Morgan
Counsel for the Claimant(s): N/A
Country: China
RPD Number: TB9-14438
Associated RPD Number(s): TB9-14486, TB9-14494, TB9-14495, TB9-14496
ATIP Number: A-2020-00859
ATIP Pages: 002195-002198
DECISION
[1] MEMBER: This is the decision in the refugee claims of XXXX XXXX, XXXX XXXX, XXXX, XXXX, and XXXX XXXX and their claims for refugee protection. This decision is being rendered from the bench, and written reasons may be edited.
Determination:
[2] I find Mr. XXXX and the youngest child XXXX are not Convention refugees, as I find they’re excluded pursuant to Article 1(e) of the Convention relating to the status of refugees because they have permanent residence in Japan.
[3] Ms XXXX and the older two children I find to be Convention refugees, as I find their country of reference is China and I find they have a nexus to the Convention for the race and religion.
Allegations:
[4] You set out a comprehensive history in your Basis of Claim Narrative.
[5] To summarize your risks, you fear Chinese authorities that’s owing to ill-treatment of Uyghurs in China. You do not articulate a risk in returning to Japan.
Identity:
[6] Your personal identity as nationals of China is established by your passports and your identity as Uyghurs is established by your testimony and by the language of your testimony and by the other identity documents.
[7] Concerning the status in Japan, the issue is exclusion pursuant to Article 1(e) of the Convention. An Article 1(e) states that the Convention shall not apply to a person who’s recognized by the authorities of the country in which he or she has taken residence as having the rights and obligations which are attached to the possession of nationality of that country.
[8] I note the Federal Court of Appeal in Zeng set out the test to be taken into account when deciding whether Article 1(e) applies and that is considering all relevant factors to the date of the hearing. Does the claimant have status substantially similar to that of its nationals in a third country.
[9] And I find for you, sir, and for your youngest son the answer to that question is yes. Okay.
[10] I note your credible testimony that you all applied for permanent residence and only you and the youngest son were approved. You’re unsure of the reasoning. Think it might have something to do with your work in Japan.
[11] But concerning Ms XXXX and the older children in Japan, I find their status there is not permanent.
[12] The documents you provided today which are your Japanese permits indicate that those three permits had to be renewed and could be denied as they’re at the discretion of Japanese authorities. So, I find that 1(e) exclusion not applicable as you do not have status there akin to citizenship.
[13] So, for you, ma’am, and … and the two older children I’m assessing your risk in returning to China which I find is your only country of nationality.
[14] I found you a credible witness also. You testified about the last time you were in China in 2016, how you were questioned repeatedly by authorities and how you fear what is ongoing there now for Uyghurs and that includes Uyghurs being sent to detention camps for no reason other than being Uyghur, and that’s corroborated by much documentary evidence that you provide and that I find in the National Documentation Package.
[15] I find that treatment of Uyghurs is worsening in China. I note the Department of State report at Item 2.1 of Exhibit 3 indicates that the government significantly intensified its campaign of mass detention of members of Muslim minority groups in Xinjiang Uyghur Autonomous Region. That authorities have possibly arbitrarily detained 2 million Uyghurs.
[16] I find further you would not have the opportunity to openly practice your faith in China, and that Uyghur activities in religious, commercial, and cultural spheres are severely curtailed in China.
[17] I find the agent of persecution is the State. That it is objectively unreasonable for you to seek State protection, and I find those conditions for Uyghurs exists throughout China, so there’s no internal flight alternative.
[18] So, for you, Madam, and the two older children I do find what you fear amount … amounts to persecution starting from the Chinese Government’s appropriation of your Uyghur names and continuing with an ongoing interference with your ability to freely worship.
[19] I do conclude that you are Convention refugees and I accept your claims.
[20] I thank you all for appearing today.
[21] CLAIMANT: Thank you.
[22] MEMBER: Thank you, Mr. Interpreter. Excellent work. Thank you.
[23] CLAIMANT: Thank you.
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