Citation: 2020 RLLR 106
Tribunal: Refugee Protection Division
Date of Decision: February 13, 2020
Panel: Jean Buie
Counsel for the Claimant(s): Carla Sturdy
Country: China
RPD Number: TB9-09028
Associated RPD Number(s): TB9-09067
ATIP Number: A-2021-00945
ATIP Pages: 000152-000154
DECISION
[1] MEMBER: This is the decision in the claims of, I’m sorry if for mispronouncing your name, [XXX]. Can you pronounce your daughter’s name for me, [XXX]?
[2] Claimant: [XXX].
[3] Member: Thank you.
[4] Citizens of China who seek refugee protection pursuant to Sections 96 and 97 of the Immigration and Refugee Protection Act. This decision is being rendered from the Bench and a written form of the reasons may be edited. I find that you are Convention refugees, I find you have Nexus to the Convention for religion as Christians.
[5] With respect to the allegations you provided a comprehensive Basis of Claim narrative. To summarize you are a Christian and have been since 2017. You attended an underground church in China weekly since that time. Your church was raided [XXX] 2018 at Sunday service and the leader was taken into custody. The PSB took down your name and threatened you. Your family was called to pick you up and they too were threatened when they arrived.
[6] On [XXX] 2018, three neighborhood committee officers went to your home and conducted a re-education program. They also threatened that if you attempted to attend church again that there would be severe consequences. Your family attempted to convince you to stop going to church but as you were not willing to do so it was agreed that you and your daughter would leave.
[7] You engaged the services of a Snakehead, applied for a U.S. visa and left China on [XXX]. You and your daughter flew though Hawaii then Seattle and then drove to the Canadian border. You made your claim shortly after arriving. You fear returning to China because you cannot practice your faith without being targeted by the PSB.
[8] With respect to your identities, your identities were established by your testimony as well as the documents filed including copies of your passport.
[9] Your credibility was determinative in your claim and I found you to be a credible witness today.
[10] While I had some concerns regarding the fact that you lied in the past in an attempt to obtain a Canadian visa, and again in the application for the US visa, as well as to US immigration officials at the interview. I found that these concerns were not determinative given the overall credibility of your testimony and the other evidence you provided.
[11] You’ve expressed a sincere Christian faith and a commitment to practice, as well as a desire to continue to raise your daughter in the Christian faith. It is an important part of your family life which you could not continue to engage in if were to return to China. This is supported by the documents you filed including your letters of support.
[12] I found persuasive your testimony with respect to why you could not attend a State sanctioned church. Including that it places State above God which is a violation of the first Commandment, and also the importance of spreading the Gospel for which you stated is a mission given by Christ. And that you continue to engage in spreading the Gospel since coming to Canada.
[13] Regarding state protection and availability of an internal flight alternative, I find that it is the State authorities whom you fear. You’ve been warned by State officials, have in fact undergone re-education during which you were told if you practiced again you would be severely punished. I accept that you are at heightened risk in the context of the current country conditions given this.
[14] I also find that there is no Internal flight alternative given the State officials are the persons targeting you. I understand that the NDP documents are mixed with respect to the risk in China but for the more recent NDP as noted by your counsel references a change in circumstances, including an increase in the targeting of Christians more recently and this has taken place in your home province. Given your particular circumstances and your previous history with police contact which I found credible, I believe that if you were to return there is more than a mere possibility you would be targeted again, especially given your commitment to spreading the Gospel.
[15] Similarly, I find the inability for your daughter to be raised in a Christian faith which you testified she has embraced herself, amounts to persecution. As noted by counsel, the country condition documents indicate that minors are specifically forbidden from attending churches or from receiving any religious information. In that respect your choice to raise your daughter in the Christian faith would itself be a risk.
[16] Based on the evidence that you provided today as well as the country documents, I find your fear of persecution in China to be objectively well founded.
[17] I conclude that you are both Convention refugees and I accept your claims.
———- REASONS CONCLUDED ———-