2023 RLLR 154

Citation: 2023 RLLR 154
Tribunal: Refugee Protection Division
Date of Decision: April 18, 2023
Panel: Raajveer Puri
Counsel for the Claimant(s): Seyfi Sun
Country: China
RPD Number: TC2-26273
Associated RPD Number(s): N/A
ATIP Number: A-2024-00894
ATIP Pages: N/A

                                      

DECISION

 

[1] MEMBER: This is the decision of the Refugee Protection Division for the following claimant, XXXX XXXX, file number TC2-26273.

 

[2] You are claiming to be a citizen of China and are claiming refugee protection pursuant to section 96 and 97 of the Immigration and Refugee Protection Act. 

 

[3] I have considered your testimony and the other evidence in the case, and I’m ready to render my decision orally. 

 

[4] I find that you are a Convention refugee, on the ground of your religion as a Falun Gong practitioner. You have shown that you face a serious possibility of persecution, should you return to China. 

 

[5] The details of your allegations appear in the comprehensive narrative attached to your Basis of Claim form and in your oral testimony.

 

[6] To summarize, you fear being discovered and persecuted by the authorities in China, due to your practice of Falun Gong. 

 

[7] You also submitted that you fear persecution due to your sexual orientation. 

 

[8] However, after examining your Falun Gong faith and practice, I find that the sexual orientation is not determinative in reaching a decision on your claim. 

 

[9] Therefore, I have conducted my analysis and reached a decision based on your allegation as a genuine Falun Gong practitioner. 

 

[10] You allege that if you return, you will be targeted by police and be subject to harassment, imprisonment and torture. You allege that there is no state protection for you or an internal flight alternative.

 

[11] Your personal identity as a citizen of China has been established by your testimony and the supporting documents filed, such as your Chinese Resident Identification Card; household registration booklet and a copy of your Chinese passport. 

 

[12] I find, on a balance of probabilities, that personal identity has been established. 

 

[13] I find that there is a nexus between what you fear and one of the five (5) grounds, namely persecution based on your religious practice of Falun Gong.

 

[14] I have therefore assessed the claim under section 96.

 

[15] On a balance of probabilities, I find that the claimant has established through testimony and evidence that they are a genuine practitioner of Falun Gong, as discussed below.

 

[16] Overall, I find that you are credible because your testimony was detailed and spontaneous. You were responsive to my questioning. There were no material omissions, contradictions or discrepancies between your testimony and Basis of Claim form and the evidence that you submitted.

 

[17] The credibility concerns that were raised during the hearing, such as the delay in claiming refugee protection, were sufficiently explained and I am satisfied with the reasons given. 

 

[18] During the hearing, you were asked details about your practice of Falun Gong. 

 

[19] You stated that you have been practicing Falun Gong every day since XXXX 2020. You stated that you go to group practice every weekend at XXXX XXXX and XXXX XXXX in Toronto. You also stated that you have read literature related to Falun Gong, such as Zhuan Falun at length and send righteous thoughts every day.

 

[20] I find that your responses were authentic, based on the spontaneity and high level of detail you were able to share, when I posed questions about your practice. 

 

[21] As such, I find that you have provided a consistent and thorough description of your practice of Falun Gong.

 

[22] In addition, you were asked about your knowledge of Falun Gong, such as purposes of the five (5) exercises and topics discussed in each Talk of the Zhuan Falun book. 

 

[23] I find that you demonstrated a thorough knowledge of both, which is consistent with what one would expect from a person who has been practicing and studying Falun Gong for more than two (2) years.

 

[24] Moreover, you were asked about how the practice of Falun Gong has impacted your life personally. 

 

[25] I find that your responses were spontaneous and genuine in their ability to weave the objective knowledge into your own personal narrative, while maintaining consistency from the BOC form through the hearing testimony. Examples include how you struggled with social anxiety, sexual orientation and sleep issues before you began practicing. 

 

[26] You stated that about seven (7) to eight (8) months after having practiced Falun Gong, these issues improved and seeing this progress deepened your commitment to Falun Gong. 

 

[27] Given the significant effect Falun Gong practice has had in your life, you were vocal about not giving it up due to the benefits you have personally derived from it. 

 

[28] Additionally, a letter of support from a fellow practitioner and some pictures of your Falun Gong practice were included in the submissions, which corroborated your allegation that you practice Falun Gong with your group on the weekends, since XXXX 2020 at XXXX XXXX. 

 

[29] You also submitted some screenshots of a couple of news websites that show pictures of your attendance at a Falun Gong demonstration, that took place on XXXX XXXX 2022. 

 

[30] During the hearing, I shared these pictures on screen and you confirmed for me where you were in these pictures online. 

 

[31] I find this documentary evidence as authentic and have no reason to doubt their veracity and as such, place significant weight on them in corroborating your testimony, regarding your Falun Gong activities. 

 

[32] I find that, on a balance of probabilities, you have attended group practice at XXXX XXXX since XXXX 2020 and you did participate in demonstrations and rallies for Falun Gong. 

[33] Considering the documentary evidence above, the demonstrated knowledge and consistently explained personal dimension of your narrative, I find that your conviction towards Falun Gong practice is genuine. 

 

[34] As such, on a balance of probabilities, I find that you are a genuine Falun Gong practitioner who would continue your practice beyond this refugee determination process. 

 

[35] Accordingly, on the whole, in terms of your general credibility, I have found you to be a credible witness and I therefore accept what you have alleged in your oral testimony, Basis of Claim form and corroborating evidence.

 

[36] I find, on a balance of probabilities, that you fear being persecuted by Chinese authorities. 

 

[37] Your subjective fear of persecution, on the basis of practicing Falun Gong is established by your credible and corroborated testimony. 

 

[38] Concerning the objective basis, there are many documents at the National Documentation Package showing authorities’ ill-treatment of Falun Gong practitioners in China. 

 

[39] Item 1.10 indicates that Chinese law provides for up to a seven (7) year prison sentence for those engaging in Falun Gong activities. 

 

[40] Item 12.22 indicates that Chinese authorities have pursued sanctions against practitioners since 1999 and that the Chinese government maintains an extrajudicial security apparatus for the purpose of eliminating the Falun Gong movement. 

 

[41] Item 1.10 states that correctional officers pressure Falun Gong practitioners to denounce their practice and that those discovered to be practicing Falun Gong have difficulty finding jobs after release from detention. The same document states that those discovered to be practicing Falun Gong face ongoing harassment, imprisonment and torture in prison. 

 

[42] Item 1.8 states that authorities use coercion against practitioners and threaten to have the practitioners’ family members dismissed from their jobs or to impede the education or social benefits of practitioners’ children. 

 

[43] After reviewing the documentation above, I find that the Chinese state authorities’ treatment of Falun Gong practitioners is regular, pervasive and amounts to persecution. 

 

[44] As such, I find that the objective basis for the claimant’s allegation is well-founded and that, on a balance of probabilities, authorities would pursue the claimant and that the claimant’s fear is well-founded. 

 

[45] In sum, I find that you have established a well-founded fear of persecution, based on your practice of Falun Gong. 

 

[46] I find that there is clear and convincing evidence before me that the State is unable or unwilling to provide you with adequate protection. 

 

[47] As mentioned above, the State authorities are the agent of persecution in this matter and as such, I find that it is objectively unreasonable for you to seek state protection. 

 

[48] Accordingly, I find, on a balance of probabilities, that no adequate state protection is forthcoming to you. 

 

[49] I have also examined whether a viable internal flight alternative exists for you. 

 

[50] Based on the evidence on file, I find that, on a balance of probabilities, you face a risk of persecution throughout China and that you would not be able to freely practice Falun Gong and you would be required to suppress and hide your practice. 

 

[51] Given that the State is in control of the entire territory of China and have both the means and motivation to find you, I conclude, on a balance of probabilities, that you face a serious possibility of persecution throughout China and that there is no viable internal flight alternative for you. 

 

[52] Based on the totality of the evidence and my analysis above, I find there is a serious possibility of persecution, if the claimant is returned to China.

 

[53] I find the claimant to be a Convention refugee and I accept your claim.     

 

——— REASONS CONCLUDED ———