Liu v. Canada (Citizenship and Immigration), 2011 FC 1505

 Date: 20111220

Docket: IMM-4210-11

Citation: 2011 FC 1505

Toronto, Ontario, December 20, 2011

PRESENT:     The Honourable Madam Justice Mactavish

BETWEEN:

           REASONS FOR JUDGMENT AND JUDGMENT

[1]               The Refugee Protection Division of the Immigration and Refugee Board provided careful, comprehensive and lucid reasons for finding that the applicant had not established his personal identity, and for disbelieving his story of persecution in China because of his Christian faith and his involvement with an underground church.

[2]               I accept that the Board erred in failing to consider the variation in local practices with respect to the provision of written notice when governmental authorities are seizing an individual’s Resident Identity Card. I note, however, that there were several other problems with this aspect of the applicant’s story.

[3]               I do not need to decide whether the Board’s negative credibility finding based upon the applicant’s failure to amend his Personal Information Form to include reference to his mother’s arrest was unreasonable. This is because the Board had numerous other reasons for disbelieving the applicant and for finding that he had failed to establish his personal identity.

[4]               Despite her valiant efforts, counsel for the applicant has not persuaded me that the remainder of the Board’s negative identity and credibility findings were unreasonable. Consequently, the application for judicial review is dismissed. I agree with the parties that the case does not raise a question for certification.

JUDGMENT

THIS COURT ORDERS AND ADJUDGES that:

            1.         This application for judicial review is dismissed; and

            2.         No serious question of general importance is certified.

“Anne Mactavish”

FEDERAL COURT

SOLICITORS OF RECORD

DOCKET:                                          IMM-4210-11

STYLE OF CAUSE:                          YONG QIANG LIU v. THE MINISTER OF CITIZENSHIP AND IMMIGRATION

PLACE OF HEARING:                    Toronto, Ontario

DATE OF HEARING:                      December 20, 2011

REASONS FOR JUDGMENT

AND JUDGMENT:                          Mactavish J.

DATED:                                             December 20, 2011

APPEARANCES:

SOLICITORS OF RECORD: