Citation: 2020 RLLR 132
Tribunal: Refugee Protection Division
Date of Decision: October 28, 2020
Panel: Suraj Balakrishnan
Counsel for the Claimant(s): Carla Sturdy
Country: China
RPD Number: TB9-09017
Associated RPD Number(s):
ATIP Number: A-2021-01106
ATIP Pages: 000103-000106
DECISION
[1] MEMBER: This is a decision for [XXX] claim for refugee protection.
[2] You are claiming to be a citizen of China and are claiming refugee protection pursuant to Sections 96 and 97(1) of the Immigration and Refugee Protection Act.
[3] I have considered all of the evidence including your testimony and the other evidence in the case and I am ready to render my decision orally.
[4] I find that you are a Convention refugee on the grounds of being a Falun Gong practitioner for the following reasons.
[5] The specifics of your claim are set out in the narrative of your Basis of Claim form as amended.
[6] You allege the following:
[7] You are a citizen of China and you fear persecution from Chinese authorities because you are a Falun Gong practitioner.
[8] You allege that if you return the Chinese authorities will persecute you.
[9] You allege that there is no state protection for you or an internal flight alternative.
[10] Your personal identity as a citizen of China has been established by your testimony and the supporting documents file in the exhibits including a certified true copy of your Chinese passport.
[11] I find that on a balance of probabilities that identity and country of reference have been established.
[12] I find that there is a link between the harms that you fear and the Convention ground of particular social group.
[13] This claim will therefore be assessed under Section 96.
[14] The test under Section 96 is whether there is a serious possibility of persecution should you return to China and I have found that you have met that test.
[15] When a claimant affirms to tell the truth, this creates a presumption of truthfulness unless there is evidence to the contrary.
[16] You have been entirely consistent and credible in your evidence.
[17] The claimant demonstrated a solid understanding of, and commitment to, Falun Gong practice and philosophy.
[18] There have been no relevant contradictions or omissions that would go to the core of your claim.
[19] In terms of your general credibility, I have found you to be a credible witness and I therefore believe what you have alleged in your oral testimony and your Basis of Claim form as amended.
[20] These claims were corroborated through a support letter from a fellow practitioner as well as photos of the claimant participating in Falun Gong practice and a rally in support of Falun Gong practitioners.
[21] There’s no reason for me to cast any doubt on the veracity of these documents and as such I place good weight on them to support your allegations and claim.
[22] Specifically, you established on a balance of probabilities that you are a Falun Gong practitioner and that Chinese authorities warned you against being a Falun Gong practitioner.
[23] I therefore find that your subjective fear is established by your credible testimony and I believe what you have alleged on a balance of probabilities.
[24] The documentary evidence confirms that Chinese authorities have pursued nationwide sanctions against Falun Gong practitioners since 1999.
[25] Amnesty International describes the state’s actions as a long-term campaign with intimidation and persecution.
[26] The documentary evidence states that the Chinese government has carried out an unprecedented campaign against practitioners including detaining a large number of believers and abusing them in detention.
[27] The documentary evidence states that Falun Gong adherents in China face harassment, imprisonment, and torture.
[28] The campaign against Falun Gong has been characterized as brutal and systemic persecution; the systemic process of imprisonment without trial, escalating torture, and the murder of thousands of innocent people.
[29] The Chinese government views Falun Gong as being an enemy of mankind and confirms the existence of re-education facilities in order to rid people who practise Falun Gong – of the obsession with what they allege to be a cult.
[30] Based on the credible evidence provided by you with respect to your Falun Gong activities both in China and in Canada as well as the country documentation on file, I find that your fear of persecution in China at the hands of the Chinese government is objectively well-founded.
[31] It is state authorities who have outlawed the practice of Falun Gong whom you fear. I therefore find it objectively unreasonable for you to seek the protection of the state.
[32] I further find that the agent of persecution is the state and they are in control over the whole state.
[33] So, I find that there is a serious possibility of persecution throughout the country and that there is no internal flight alternative for you.
[34] Based on the foregoing analysis, and considering the totality of the evidence before me, I conclude that you are Convention refugee because you face a serious possibility of persecution in China.
[35] I accept your claim.
———- REASONS CONCLUDED ———-