Application by Wang for judicial review of a decision by the Refugee Protection Division of the Immigration and Refugee Board refusing his application for refugee or protection status. The applicant was a recent convert to Christianity. He attended an underground church that was raided by the P.S.B. The applicant went into hiding during which time the PSB visited his home and left a summons with his wife. The applicant fled to Canada using a fraudulent passport and claimed refugee protection.
Wang feared that if returned he would be unable to practice his Roman Catholic religion freely. The panel found Wang was never a genuine practicing Roman Catholic, and his level of religious knowledge was below what would be expected for three years of practice.
Application allowed. The Board’s finding that the claimant’s story was “too fortuitous to be true” was not reasonable The fact that a summons was not left for the claimant was corroborated by the documentation which indicates that the practice of issuing summons is inconsistent. The Board’s finding that the claimant could practise at a state sanctioned […]
Panel determined the applicant was not a Convention Refugee because she could return to China and practise her religion a state church without any doctrinal constraint on the practice as a genuine Christian.
The panel found that the claimant’s fear of religious persecution was not credible in light of the lack of objective documentation corroborating that church raids in China occur. The Court overturned the panel’s decision because the panel failed to make a clear finding of fact that the claimant’s house church was not raided.
Dong v. Canada (Minister of Citizenship and Immigration), 2006 FC 314 (CanLII) Date: 2006-03-10 Docket: IMM-2792-05 URL: http://canlii.ca/t/1mv9g Citation: Dong v. Canada (Minister of Citizenship and Immigration), 2006 FC 314 (CanLII), <http://canlii.ca/t/1mv9g> retrieved on 2012-05-29 Share: Noteup: Search for decisions citing this decision Date: 20060310 Docket: IMM-2792-05 Citation: 2006 FC 314 Toronto, Ontario, March 10th, […]