2023 RLLR 151

Citation: 2023 RLLR 151
Tribunal: Refugee Protection Division
Date of Decision: February 24, 2023
Panel: J. Buie
Counsel for the Claimant(s): Peter Neill
Country: China
RPD Number: TC1-07832
Associated RPD Number(s): TC1-07847
ATIP Number: A-2024-00894
ATIP Pages: N/A

DECISION

[1]       MEMBER: This is the decision in the refugee claims of XXXX XXXX, and her son, XXXX XXXX, citizens of China. This decision is being rendered from the Bench. I find that you are Convention refugees. I find you have a nexus to the Convention for political opinion and also as member of a particular social group, that being a family member of a political dissident.

[2]       Your allegations are set out in your Basis of Claim forms, it is unnecessary to repeat them verbatim at this time, except to state the following. The principal claimant, you have come from an abusive background, witnessing the abuse of your mother, and also the abuse you suffered in your own marriage. Your son attended school in Canada, and as a result, you spent a significant amount of time traveling back and forth, and residing in Canada to support, and be with him. In XXXX 2020, you learned about the Democratic Party of China in Canada online, you were interested, and began attending their classes. You XXXX XXXX XXXX about the lack of democratic freedoms, and the Chinese government’s focus on control over the safety of its citizens during COVID, this was XXXX in the XXXX of 2020. In XXXX 2020, you officially became a member of the party. You allege that the authorities in China learned you were a member and summoned your mother to the PSB station for questioning, while there, they issued a warrant for your arrest. Tragically, your mother passed away at the station, resulting, you believe, from the stress and abuse she likely received there. You then filed a claim for protection. You fear arrest and ill-treatment from Chinese authorities, should you return, and you fear this also for your son, given his connection to you.

[3]       Your personal identities as nationals of China are established through your Chinese passports.

[4]       With respect to your credibility. While I had some concerns regarding the documents you filed and the fact that you did not provide some documents that could reasonably be expected, I found that overall, you were indeed a credible witness. You spoke eloquently about your democratic party activities in Canada, what they were, why you attended, the reasons behind the event, for example, your testimony regarding the participation in Jasmine Day, and also the XXXX XXXX commemoration events were particularly fulsome and persuasive. I note also the discussion of why the death of your mother, in particular, leads you to despise the Chinese government, and this strongly supports your allegation that you are a party member, and that you joined at the time that you joined. Any inconsistences in your evidence were either reasonably explained or insufficient to undermine your otherwise credible evidence.

[5]       You filed your membership card, a letter from the party, photos of you in attendance, online and in-person at events and classes. You both provided a death certificate, summons and warrant to corroborate your allegations. While I had some concerns with the summons, in particular, law referenced in it, I found that these concerns were overcome by your credible testimony, and the other documents filed. While I would have preferred that you provided a link to the XXXX XXXX XXXX online, which underlies the core of your claim, given the other documents on file, and your testimony, its absence did not undermine your credibility.

[6]       I do find you have established, on a balance, that the Chinese authorities are aware of your personal involvement with the Democratic Party activities. I find your subjective fear is established, on a balance, as I found your credible testimony of authorities’ ill-treatment of your mother, and their ongoing interest in you. In any event, even if I was incorrect, I find that your participation in the Democratic Party is such that if you were to return to China, you are likely to continue to engage in such activities, given your commitment to democracy, and the principles of the party, and this would lead to your eventual arrest.

[7]       With respect to your son, I find that given his relationship to you, if he returns, and in particular, after having spent several years in Canada, he, too, is likely to be singles out by authorities. While I note that that authorities continue to harass your family members there, they have not arrested him. I think your son is in a different situation, given he is a closer relative to you, but also because he has spent such significant time in Canada, So I feel that the subjective fear of your son and yourself with respect to his safety is also established.

[8]       Concerning the objective basis of the claim, I have considered the National Documentation Package, as well as the country conditions documents, provided by you and your Counsel, and I find that you would face treatment that would rise to persecution should you return to China. I note, in particular, Item 1.11  of the National Documentation Package, which states that the Communist Party of China is the paramount authority there, and that while minor parties do exist, they are subordinate to the Communist Party, and there are no substantial political opposition groups, and the government forbids the creation of new political parties, and those who seek to support, or to create, unofficial political parties are arrested. Item 1.10 states that the CCP has little tolerance for public dissent on a wide range of matters, considered politically sensitive, including social stability, the legitimacy of Central authorities, and one (1) party rule.

[9]       Item 4.1 in the NDP is a Response to Information Request on the Democratic Party of China, the Canadian chapter in specific, in this document, it states that the Democratic Party cannot be legally established in China, and therefore, has branches in other countries. The same document states that members of the Democratic Party of Canada are required to participate in political activities, including meetings, street protests, and online campaigns. This is all –

[10]       COUNSEL: Madam Member, you are frozen. Madam Interpreter, we will give her a minute and see what happens.

[11]       INTERPRETER: Yes.

[12]       COUNSEL: She did mention there was problems.

[13]       MEMBER: Sorry, as I said yesterday, I kept getting kicked out of hearings.

[14]       COUNSEL: Yes, I did say that to Madam Interpreter.

[15]       MEMBER: Just let the claimant know my apologies, that my internet or MS Teams did not work in that moment, and I will finish my reasons. One second please.

[16]       Concerning state protection, I find it objectively unreasonable for you to seek state protection as it is those authorities whom you fear.

[17]       Similarly, there would be no internal flight alternative, given that political opponents face persecution throughout China, and the CCP is the governing authority in every province, so, there would not be an internal flight alternative for you and your son. Accordingly, I find there is more than a mere possibility of persecution occurring to you and your son, should you return to China, and I find that you are both Convention refugees, and I accept your claims.

——— REASONS CONCLUDED ———