Citation: 2020 RLLR 80
Tribunal: Refugee Protection Division
Date of Decision: October 2, 2020
Panel: Sarah Morgan
Counsel for the Claimant(s): Mary Weng
Country: China
RPD Number: TB9-25891
Associated RPD Number(s):
ATIP Number: A-2021-00800
ATIP Pages: 000132-000134
DECISION
[1] MEMBER: This is a decision in the claim of [XXX], citizen of China who seeks refugee protection pursuant to Sections 96 and 97 of the Immigration and Refugee Protection Act. This decision is being rendered from the bench.
Determination:
[2] I find that you are a Convention refugee based on imputed political opinion as a Falun Gong practitioner.
[3] To summarize your allegations, you began practicing Falun Gong in [XXX] 2018. A fellow practitioner was arrested and you were warned to stop practicing Falun Gong. You were detained by authorities in [XXX] of 2019, forced to attend re-education classes and forced to sign a document repudiating Falun Gong.
[4] Authorities also stopped paying your pension, and you left China as you feared further detention and ill-treatment from authorities.
Identity:
[5] Your identity as a Chinese national is established by your passport.
Credibility:
[6] I did find you to be a credible witness. I note that you provided great details about your understanding of Falun Gong philosophy and about the purpose of the exercises, and I … I believe you have demonstrated a sol id understanding and commitment to the Falun Gong philosophy based on detailed answers that you gave to my Falun Gong questions.
[7] I did find credible that your testimony that you were detained and threatened by authorities owing to your practice, as I find you gave spontaneous details about that including the documents that they gave you when they released you from detention.
[8] I did have a credibility issue with the summons that you provided. I noted to you the hearing that it … it doesn’t look like the summons that I have examples of, and I don’t find credible that you wanted for arrest when you left China because I … I find, given the extensive surveillance Chinese authorities have that if you were indeed a fugitive from justice that you would not have been permitted to exit China.
[9] I do find however credible that you are a genuine Falun Gong practitioner. I note also your activities in Canada. I find you have a sur place claim.
[10] Also, I note the photograph that’s published by a Canadian newspaper that you are … you’re in that obviously in the newspaper, and the article shows Falun Gong practitioners in Toronto. And I do find that increases a risk from authorities in China, given that they could be aware of your Falun Gong activities in Canada, given that your … those activities are published in a publication available everywhere.
[11] Concerning State protection, it is the State that has outlawed the practice of Falun Gong, so I find it objectively unreasonable for you to seek their protection.
[12] There are many documents before me, those given by your counsel and those found at Exhibit 3 confirming that authorities have pursued sanctions against practitioners since 1999, and those discovered to be practitioners face re-education camps, harassment, removal of benefits, imprisonment, and torture.
[13] I do find, based on the evidence that you provided as well as the country documents, that your fear of persecution is objectively well-founded.
[14] As the agent of persecution is the State and Falun Gong is banned throughout the country, I find there is not an internal flight alternative for you.
[15] I conclude that you are a Convention refugee and I accept your claim.
[16] Ma’am, I thank you for your testimony today. Counsel, thank you. Madam Interpreter, I can’t say enough. Thank you so much. Excellent interpretation. I understand that the … the issues with having to speak really loudly with a mask to make sure that our claimant was understood and you did an excellent job. Thank you.
[17] INTERPRETER: My pleasure really.
[18] MEMBER: Thank you. Thank you all.
———- REASONS CONCLUDED ———-