Liu v. Canada (Citizenship and Immigration)

Liu v. Canada (Citizenship and Immigration)
Court (s) Database
Federal Court Decisions
Date
2011-12-20
Neutral citation
2011 FC 1505
File numbers
IMM-4210-11
Decision Content
Date: 20111220
Docket: IMM-4210-11
Citation: 2011 FC 1505
Toronto, Ontario, December 20, 2011
PRESENT: The Honourable Madam Justice Mactavish
BETWEEN:
YONG QIANG LIU
Applicant
and
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR JUDGMENT AND JUDGMENT
[1] The Refugee Protection Division of the Immigration and Refugee Board provided careful, comprehensive and lucid reasons for finding that the applicant had not established his personal identity, and for disbelieving his story of persecution in China because of his Christian faith and his involvement with an underground church.
[2] I accept that the Board erred in failing to consider the variation in local practices with respect to the provision of written notice when governmental authorities are seizing an individual’s Resident Identity Card. I note, however, that there were several other problems with this aspect of the applicant’s story.
[3] I do not need to decide whether the Board’s negative credibility finding based upon the applicant’s failure to amend his Personal Information Form to include reference to his mother’s arrest was unreasonable. This is because the Board had numerous other reasons for disbelieving the applicant and for finding that he had failed to establish his personal identity.
[4] Despite her valiant efforts, counsel for the applicant has not persuaded me that the remainder of the Board’s negative identity and credibility findings were unreasonable. Consequently, the application for judicial review is dismissed. I agree with the parties that the case does not raise a question for certification.
JUDGMENT
THIS COURT ORDERS AND ADJUDGES that:
1. This application for judicial review is dismissed; and
2. No serious question of general importance is certified.
“Anne Mactavish”
Judge
FEDERAL COURT
SOLICITORS OF RECORD
DOCKET: IMM-4210-11
STYLE OF CAUSE: YONG QIANG LIU v. THE MINISTER OF CITIZENSHIP AND IMMIGRATION
PLACE OF HEARING: Toronto, Ontario
DATE OF HEARING: December 20, 2011
REASONS FOR JUDGMENT
AND JUDGMENT: Mactavish J.
DATED: December 20, 2011
APPEARANCES:
Diane Coulthard
FOR THE APPLICANT
Marcia Pritzker-Schmitt
FOR THE RESPONDENT
SOLICITORS OF RECORD:
LEVINE ASSOCIATES
Barristers & Solicitors
Toronto, Ontario
FOR THE APPLICANT
MYLES J. KIRVAN
Deputy Attorney General of Canada
FOR THE RESPONDENT