Category: Persecution

The court set aside a refusal of a claim for refugee status. The applicant a lesbian had alleged she would suffer persecution as a soldier due to her sexual orientation. The Court set aside the decision holding the tribunal erred in its assessment of the expert evidence; in the manner in which it dealt with the issue of prosecution vs persecution and in the manner in which the tribunal took judicil notice.

The Court set aside a decision rejecting a claim for refugee protection holding the tribunal failed to consider whether or not the person was at risk due to her religion:The Panel does not appear to have made a finding as to the Applicant’s Christian practices in China or as to her Christian convictions in Canada. The Panel does not appear to have carried out an analysis regarding these matters or made findings as to the whether the Applicant might encounter religious persecution if sent back to China.

The Court found that when assessing state protection the fact that the applicant would be required to give up a business was not sufficient to find no state protection unless there was evidence he could not earn a living otherwise.

The Court held that the risk that a persons conversion to Christianity might come to the attention of the authorities was sufficient to warrant a positive determination on a claim for refugee protection.