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.

Application allowed.  Panel erred by concluding the applicant could attend the state sanctioned church when the claimant stated that she rejected that church. Panel’s should not be dictating where claimants can attend their religion. Further, panel failed to determine whether claimant would be free to practise the religion of her choosing without fear of persecution.

Counsel for Applicant: Shelley Levine