Citation: 2021 RLLR 97
Tribunal: Refugee Protection Division
Date of Decision: August 3, 2021
Panel: Roman Kotovych
Counsel for the Claimant(s): Mohammed Tohti
Country: China
RPD Number: TC1-03298
Associated RPD Number(s): N/A
ATIP Number: A-2022-01778
ATIP Pages: N/A
DECISION
[1] MEMBER: These are my reasons for decision. The claimant in this case requests refugee protection under Sections 96 and 97(1) of the Immigration and Refugee Protection Act.
[2] The claimant’s allegations are set out in his Basis of Claim form. In summary he’s alleged to be a Chinese Uyghur male who seeks protection on the basis of ethnic persecution in China for his Uyghur ethnicity.
[3] I find, sir, you to be a Convention refugee and my reasons are as follows.
[4] First, on the issue of identity I’m satisfied on a balance of probabilities that you’ve established your personal identity and your citizenship. I base that on the copy of the passport that you presented. I’m also satisfied on a balance of probabilities that you’ve established your Uyghur heritage. I find this on a combination of factors including the name present in your passport which I know from experience gained in doing this job, points to being a Uyghur; the birthplace as noted in your passport, which similarly is the Autonomous zone in China; the fact that you testified today in the Uyghur language; you did present a identity card to the camera which I could not read and therefore can make minimal use of but the Arabic script on that card I, I do also have some experience with that that points in that direction; as well as your overall testimony today to point to your Uyghur ethnicity.
[5] So on a balance of probabilities from the evidence before me largely gained from the passport and from your testimony and the language spoken I find in the circumstances that to be sufficient to establish on a balance of probabilities your Uyghur ethnicity.
[6] I find that the persecution you’ve alleged has a nexus through Section 96 of ethnicity and nationality along with elements of religion. I find that you would face on a balance of probabilities a serious possibility of persecution returning to China on the basis of your ethnicity. This was not a well documented case and I would expect more on a refugee claim with no disclosure from a claimant; however, in the circumstances in the particular circumstances of the country conditions in China, your testimony in appearing before the hearing and the particular circumstances of Uyghurs in China in the particular circumstances of this claim, it is sufficient. You testified about your past experience in China; your treatment in the past as a Uyghur; what you fear returning; the decisions you made in Malaysia; how you decided to make a refugee claim; and, the reasons why you have had limited contact with your parents in China which would explain some of the limited ability to get disclosure from that country.
[7] This is supported by the objective country conditions in the NDP which point strongly to the mistreatment of Uyghurs by Chinese authorities as alleged by you, sir, and I do find sufficient objective evidence in the circumstances of this case to point to a serious possibility of persecution going forward in returning to that country.
[8] On the issue of state protection given that it is the state authorities in China you fear, I find that it would be unreasonable for you to seek protection from them.
[9] Finally, on the issue of Internal Flight Alternative, I find a lack of Internal Fight Alternative as there is evidence in the country conditions of mistreatment of Uyghurs throughout China and I find in the circumstances that there would not be a location in China where you would not face this serious possibility of harm.
[10] So for all the above reasons I find you to have a well-founded fear of persecution under Section 96. For these reasons I find you to be a Convention refugee under the IRPA and I therefore accept your claim.
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