Liang v. Canada (Citizenship and Immigration)
Source text
Liang v. Canada (Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2008-09-08 Neutral citation 2008 FC 1006 File numbers IMM-3775-07 Decision Content Date: 20080908 Docket: IMM-3775-07 Citation: 2008 FC 1006 Toronto, Ontario, September 8, 2008 PRESENT: The Honourable Mr. Justice Campbell BETWEEN: RONG HAN LIANG (a.k.a. Ronghan Liang) CAI YIN GUAN (a.k.a. Caiyin Guan) Applicants and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER [1] The present Application concerns a claim for protection by an elderly Chinese couple who state that, because they allowed Falun Gong members to practice in their home in China, and because while in Canada under valid visitor’s visas they learned that the Chinese authorities had discovered this conduct and demand their return, they have subjective and objective fear or risk of persecution should they return to China. [2] The Refugee Protection Division (RPD) dismissed the Applicants’ claim on two primary grounds: “there are a number of concerns as it relates to credibility both in the inconsistency and omissions found in the claimants’ testimony” (Decision p.2); and “in the panels’ view, it is a case of the claimants being economic migrants” (Decision, p.3.). [3] I agree with Counsel for the Applicants’ submissions that: the negative credibility finding is unsupported by the evidence and no clear reasons are given for its making; and the economic migrant finding is unsubstantiated by evi…
Full judgment (source text)
Mirrored from decisions.fct-cf.gc.ca — the linked original is authoritative.
Liang v. Canada (Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2008-09-08 Neutral citation 2008 FC 1006 File numbers IMM-3775-07 Decision Content Date: 20080908 Docket: IMM-3775-07 Citation: 2008 FC 1006 Toronto, Ontario, September 8, 2008 PRESENT: The Honourable Mr. Justice Campbell BETWEEN: RONG HAN LIANG (a.k.a. Ronghan Liang) CAI YIN GUAN (a.k.a. Caiyin Guan) Applicants and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER [1] The present Application concerns a claim for protection by an elderly Chinese couple who state that, because they allowed Falun Gong members to practice in their home in China, and because while in Canada under valid visitor’s visas they learned that the Chinese authorities had discovered this conduct and demand their return, they have subjective and objective fear or risk of persecution should they return to China. [2] The Refugee Protection Division (RPD) dismissed the Applicants’ claim on two primary grounds: “there are a number of concerns as it relates to credibility both in the inconsistency and omissions found in the claimants’ testimony” (Decision p.2); and “in the panels’ view, it is a case of the claimants being economic migrants” (Decision, p.3.). [3] I agree with Counsel for the Applicants’ submissions that: the negative credibility finding is unsupported by the evidence and no clear reasons are given for its making; and the economic migrant finding is unsubstantiated by evidence on the record and constitutes an extraneous consideration which is manifestly unfair to the Applicants. [4] As a result I find that the decision is rendered in reviewable error. ORDER ACCORDINGLY, I set aside the decision under review and refer the matter back for re-determination before a differently constituted panel. There is no question to certify. “Douglas R. Campbell” Judge FEDERAL COURT SOLICITORS OF RECORD DOCKET: IMM-3775-07 STYLE OF CAUSE: RONG HAN LIANG (a.k.a. Ronghan Liang) and CAI YIN GUAN (a.k.a. Caiyin Guan) v. THE MINISTER OF CITIZENSHIP AND IMMIGRATION PLACE OF HEARING: Toronto, Ontario DATE OF HEARING: September 8, 2008 REASONS FOR ORDER AND ORDER: CAMPBELL J. DATED: September 8, 2008 APPEARANCES: Ms. Vania Campana FOR THE APPLICANTS Ms. Ada Mok FOR THE RESPONDENT SOLICITORS OF RECORD: LEWIS & ASSOCIATES Barristers and Solicitors Toronto, Ontario FOR THE APPLICANTS JOHN H. SIMS, Q.C. Deputy Attorney General of Canada FOR THE RESPONDENT
Source: decisions.fct-cf.gc.ca
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2024 CAF 75