Citation: 2021 RLLR 37
Tribunal: Refugee Protection Division
Date of Decision: March 15, 2021
Panel: S. Qi
Counsel for the Claimant(s): Lindsey K Weppler
Country: China
RPD Number: TB9-29019
Associated RPD Number(s):
ATIP Number: A-2022-00978
ATIP Pages: 000012-000017
REASONS FOR DECISION
INTRODUCTION
[1] These are the reasons for the decision in the claim of XXXX XXXX. You claim 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.1
ALLEGATIONS
[2] The detail of your claim is fully set out in your Basis of Claim form2 and is supplemented by your testimony at the hearing. In summary, you fear persecution in China at the hands of the Chinese government due to your membership in a particular social group; specifically, as a Falun Gong practitioner.
[3] You allege that you were introduced to Falun Gong by your boyfriend in March 2019, while studying in Canada. You allege that at the time, you felt depressed, stressed from your studies and had difficulty eating and sleeping. You further allege that since practicing Falun Gong, you have felt positive changes both physically and mentally, as such, you have continued to be involved with Falun Gong practice and activities.
[4] You allege that if you return to China, you would be persecuted due to your identity as a Falun Gong practitioner. You also allege that there is no state protection or an Internal Flight Alternative for you in China.
DETERMINATION
[5] I find, on a balance of probabilities, that you have credibly established a nexus between what you fear and a Convention ground. Accordingly, I find that you are a Convention refugee, pursuant to section 96 of the IRPA, as there exists a serious possibility of persecution, should you return to China. My reasons are as follows.
Identity
[6] Your identity as a citizen of China is established, on a balance of probabilities, by your Chinese passport, the original which was seized by the Minister.3
ANALYSIS
[7] In assessing your credibility, I am cognizant of the difficulties faced by claimants in establishing their claim, such as cultural factors, level of education and sophistication, anxiety inherent in responding to oral questions through an interpreter and the added stress in testifying via videoconference.
[8] I find you to be a credible witness in general and therefore believe what you alleged in support of your claim.
[9] Although you provided testimony regarding your relationship with your boyfriend, I did not find it necessary to explore it further given that a sur place basis to the claim have been established. Accordingly, I will not address this matter any further or make any findings on the credibility of your relationship with your boyfriend, Mr. XXXXX.
The Claimant’s Identity as a Falun Gong Practitioner
[10] You testified in a straightforward manner, and there were no material inconsistencies in your testimony or contradictions between your testimony and the other evidence before me which have not been satisfactorily explained.
[11] I accept, based on your credible testimony, that you were introduced to Falun Gong by your boyfriend in March 2019 in Canada and shortly thereafter began to practice on a regular basis.
[12] With respect to your Falun Gong knowledge, I find your knowledge is commensurate to the length and frequency of your Falun Gong practice. Through your testimony, you have demonstrated adequate knowledge and understanding of Falun Gong and Master Li’s teachings. Although your explanation of attachments was not perfect, it reflected your own understanding of the Zhuan Falun and Master Li’s teachings. You were able to correctly identify and explain the purpose of the exercises when asked. You also correctly explained the law wheel and Karma. You explained why one should cultivate the mind in order to reach a higher level, and thus focus should be placed on cultivating the mind as it is more important than the body. You were also able to correctly explain the purpose and importance of sending righteous thoughts.
[13] Most compelling was your testimony about loss and gain. You testified that you have always felt this loss growing up without a father and that made you felt different than other children. Prior to practicing Falun Gong, you were always fixated on why you did not have a father and why other children would have things that you did not have, and that you were unhappy because of this. You explained that these were attachments, and that through your practice and reading the book Zhuan Falun, you are able to let go of these feelings and that you have learned to care more about how your family members feel rather than your own feelings.
[14] You testified about your participation in Falun Gong group practices and truth clarifying activities in Canada. You have also provided photos4 and support letters from your boyfriend as well as another friend.5 You further testified that Falun Gong has become a part of your life and that you wish to continue your practice freely in Canada. You indicated that Falun Gong has become an important part of your life and that you would not be willing to give up your practice even if you have to return to China.
Delay in Claiming Refugee Protection
[15] You were asked about the delay in making your refugee claim. You explained that at the beginning when you were first introduced to Falun Gong, you decided to try it out for the purpose of strengthening your health. Although you have heard that Falun Gong is illegal in China, you did not practice in a committed manner. However, you made the claim for refugee protection when you realized that Falun Gong had integrated and became a part of your life and you were unable to separate yourself from the practice. Given that this time period also coincided with the start of the Covid-19 pandemic, which disrupted routine services at government offices, I find your explanation to be reasonable under these circumstances, and therefore finds that this delay does not raise significant concerns regarding subjective fear or your credibility. Accordingly, I did not draw any negative inferences in these regards.
[16] I find your testimony to be spontaneous and genuine. You did not embellish your claim even when you had the opportunity to do so when I asked you about your photo being taken while participating in truth clarifying activities in front of XXXX XXXX. For these reasons, I find that you have established your identity as a Falun Gong practitioner, as well as your subjective fear, and I believe that your commitment and your spiritual practice is genuine.
Objective Basis
[17] The objective evidence supports your claim. The National Documentary Package for China confirms that the Chinese government has banned the practice of Falun Gong since 1999, labeling it an “evil cult” under China’s Criminal Law and that there is an established 610 Office, an extrajudicial security apparatus wholly designed to eradicate Falun Gong. State authorities systematically target FLG practitioners, forcing them into prisons or labour and education camps where they are subject to harassment, torture, and forced conversion and/or sentenced to long prison terms.6
[18] Documentary Evidence further indicates that new regulations on religious affairs took effect in February 2018 strengthening controls on places of worship, travel for religious purposes and children’s religious education. This report indicates that the campaign against Falun Gong continued in 2018 and practitioners face long prison terms and arbitrary detention.7
State Protection
[19] With regard to state protection, given that the state is the agent of persecution, I find that it would be objectively unreasonable for you to seek the protection from the state in your circumstances.
Internal Flight Alternative
[20] I have considered whether an internal flight alternative exists for you. Given that the state is an agent of persecution with control over the entire country, I find that there is a serious possibility of persecution throughout China and therefore a viable Internal Flight Alternative does not exist for you.
CONCLUSION
[21] For the foregoing reasons, I conclude that you are a Convention refugee and I therefore accept your claim.
(signed) Selena Qi
March 15, 2021
1 Immigration and Refugee Protection Act, S.C. 2001, c. 27
2Exhibit 2 – Basis of Claim and Narrative.
3 Exhibit 1 – Minister’s Package.
4 Exhibit 8, Disclosure, Claimant Documents, pages 11-13.
5 Exhibit 9, Disclosure, Claimant Documents, pages 2-7.
6 Exhibit 3 – National Documentation Package for China March 2020 version, Items 12.2, 12.22, 12.23.
7 Exhibit 3 – National Documentation Package for China March 2020 version, Item 2.7.