Date: 20040719
Docket: IMM-4825-03
Citation: 2004 FC 1006
Toronto, Ontario, July 19th, 2004
Present: The Honourable Mr. Justice O'Reilly
BETWEEN:
DE QIANG CHEN
Applicant
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR JUDGMENT AND JUDGMENT
[1] Mr. Chen came to Canada from China in 2001. He says that he was afraid of security authorities in China who sought to arrest him as part of their crack-down on practitioners of Falun Gong. Mr. Chen was not a practitioner himself, but he introduced his brother to a friend who was a practitioner.
[2] Mr. Chen presented a claim for refugee protection on the basis of his fear of arrest and mistreatment by Chinese security forces. A panel of the Immigration and Refugee Board dismissed Mr. Chen's claim because it did not believe his account of events. Mr. Chen argues that the Board was unreasonably dismissive of his claim and asks me to order a new hearing.
[3] I can find no grounds for intervening in the Board's decision and, therefore, must dismiss this application for judicial review.
I. Issue
Was the Board's conclusion that Mr. Chen's version of events lacked credibility supported by the evidence?
II. Analysis
[4] I can only overturn the Board's decision if I find that it was patently unreasonable, in the sense that it was entirely unsupported by the evidence before it.
[5] The Board's decision rested on three findings. First, on his arrival in Canada, Mr. Chen failed to mention two reasons why security authorities were after him: because he had introduced his brother to Falun Gong, and because he knew about his friend's involvement in Falun Gong. He simply stated that he was sought because his brother was a Falun Gong member. The Board also noted, in error, that Mr. Chen had failed to say that authorities were looking for him when, in fact, he did mention this to the immigration officer who interviewed him at the port of entry.
[6] Second, the Board found it unlikely that Mr. Chen would be sought by security authorities. He was merely on the outer fringe of a group of Falun Gong practitioners who had already been arrested or pursued by authorities. He was not personally involved in the group and would have little information to provide.
[7] Third, Mr. Chen stated that it was common for authorities to punish the family members of Falun Gong practitioners and this was why he was being sought. Yet, he also stated that other family members, including his wife and parents, were not subject to any harassment or mistreatment by authorities. Accordingly, it was unlikely that Mr. Chen would be in any jeopardy.
[8] Looking at the Board's decision as a whole, I cannot conclude that it was patently unreasonable. True, the Board made a minor error in respect of Mr. Chen's statements at the port of entry, but this is an insufficient basis to set aside its decision.
[9] Accordingly, I must dismiss this application for judicial review. Neither party proposed a question of general importance for me to certify and none is stated.
JUDGMENT
THIS COURT'S JUDGMENT IS that:
1. The application for judicial review is dismissed.
2. No question of general importance is stated.
J.F.C.
FEDERAL COURT
Names of Counsel and Solicitors of Record
DOCKET: IMM-4825-03
STYLE OF CAUSE: DE QIANG CHEN v. THE MINISTER OF CITIZENSHIP AND IMMIGRATION
PLACE OF HEARING: TORONTO, ONTARIO
DATE OF HEARING: JULY 14, 2004
REASONS FOR JUDGMENT
AND JUDGMENT BY: O'REILLY J.
APPEARANCES BY:
Hart A. Kaminker FOR THE APPLICANT
Mary Matthews FOR THE RESPONDENT
SOLICITORS OF RECORD:
KRANC & ASSOCIATES
Toronto, Ontario FOR THE APPLICANT
MORRIS ROSENBERG
Deputy Attorney General of Canada FOR THE RESPONDENT
FEDERAL COURT
TRIAL DIVISION
Date: 20040719
Docket: IMM-4825-03
BETWEEN:
DE QIANG CHEN
Applicant
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR JUDGMENT
AND JUDGMENT