CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Convention Refugees |
Liang v. Canada (Minister of Citizenship and Immigration)
IMM-1507-00
Gibson J.
29/11/00
7 pp.
Judicial review of CRDD's decision applicant not Convention refugee--Applicant citizen of People's Republic of China--Claim based on alleged well-founded fear of persecution by reason of political opinion or membership in particular social group, namely those who violated one-child policy of People's Republic of China--Applicant, wife have three children--CRDD concluding applicant left China for economic reasons--Describing sole issue remaining for determination as impact of claimant's illegal emigration from China, and noting applicant alleged before it that he would be treated harshly by government of China for illegal exit--CRDD concluded illegal departure not political statement--Applicant submitting CRDD's reasons ignored issue identified by presiding member at opening of hearing when stated sur place claim one of issues to be dealt with--Applicant alleged falsely identified on B.C.T.V. as captain, owner of boat bringing refugee claimants to Canada thus drawing sur place issue to attention of CRDD in writing before commencement of hearing--Based upon special expertise, applicant navigator of boat in return for free passage to Canada--Applicant urging Chinese authorities would view him as human smuggler and as such would receive harsher treatment than that accorded to mere first-time Chinese illegal migrants--Refugee Claims Officer mentioning sur place claim in his submissions--While examining at some length treatment by Chinese authorities of first-time illegal migrants returned to China, CRDD not acknowledging applicant's submissions might not be regarded by Chinese authorities as simple first-time illegal migrant but rather as smuggler or person complicit in smuggling--In first acknowledging issue before it, and in then completely failing to address issue in reasons for decision, CRDD erred in reviewable manner--Application allowed--While sur place elements of applicant's claim, taken together with assistance provided to human smugglers in return for economic advantage may not be said to be "principle ground alleged" on behalf of applicant, certainly significant ground that CRDD not addressing.