Li Hua Su v. M.C.I., 2012 FC 586

Facts: The applicant is a Christian from Guangdong province and fears returning to China for reasons of religious persecution.  The panel accepted the applicant was a genuine Christian.  The only issue was whether she would face persecution upon return to China.  The RPD determined that if the applicant was to return to her home province there was no objective risk based on the evidence before it.  The panel reviewed the evidence before it and concluded that there were no recent “incidents of persecution of lay Christians in Guangdong province…”. 

Decision:  The Court determined that the panel neglected to address entries in the CAA documentation as well as a CAA report which stated that “many house churches are forced to close during the period of the Asian Games in Guangdong.”  The Court accepted the applicant’s argument that the panel’s failure to consider this evidence constitutes a reviewable error as the evidence contracted the panel’s finding that there was no “persuasive evidence of recent arrests or incidents of persecution of lay Christians in Guangdong province…”

Counsel for the Applicant: Shelley Levine

 

Posted in Case Law |

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