Chen v. Canada ( Minister of Citizenship and Immigration )
IMM-1433-96
Lutfy J.
31/1/97
6 pp.
Application for judicial review of decision by Convention Refugee Determination Division (Tribunal) applicant not Convention refugee-Tribunal not satisfied applicant established objectively valid basis for fear of persecution for reasons of religion should he return to China-Applicant practising Christian since late 1989-While in China, attending church services no more than monthly because of fear Public Security Bureau (PSB) more likely to discover existence of private religious services if held more frequently-In December 1991, clandestine service of applicant's church group raided by PSB-In December 1994, PSB raided Christmas service in applicant's premises-Applicant deciding to flee China after second incident-Arrived in Canada in March 1995, immediately sought refugee status-Tribunal's assessment of applicant's credibility mixed-Applicant not found credible concerning events after December 1994 raid-Inconsistent assessment leading Tribunal to more than one error in law-At issue fundamental right of freedom of religion-Penal sanctions imposed by Chinese authorities persecution-In assessing objective component of applicant's well-founded fear of persecution for reasons of religion, Tribunal ought to have focussed more on continuing system of sanctions in China against those practising unauthorized religions than assessment of chances of specific individual being singled out for arrest, detention, re-education-Applicant not required to show "likely to be harassed, intimidated or arrested"-Tribunal unduly influenced by negative assessment of applicant's credibility concerning facts subsequent to December 1994 raid-Negative assessment of credibility not relevant to issue of objective component of applicant's well-founded fear for reasons of religion because of Tribunal's findings concerning events prior to and including raid of December 1994-Application granted.