IMM-176-97
Between:
KIN
PING CHENG
Applicant
-
and -
THE
MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS
FOR ORDER
TREMBLAY-LAMER J.:
The
Applicant seeks judicial review of a decision of the Convention Refugee
Determination wherein he was determined not to be a Convention refugee.
The
Applicant is a citizen of the People's Republic of China. He claims to have a
well-founded fear of persecution if returned to his homeland based on his Christian
beliefs and membership in a particular social group, that is those who violated
Chinese government family planning policy.
The
Applicant is of the Roman Catholic faith. He attends a secret house church in
his home village. In 1993, he was arrested by government police forces while
attending church service. He was detained for three months during which time
he was beaten. He was eventually released on condition he no longer engage in
any religious activities.
It
is his Christian beliefs which propelled the Applicant to oppose the Chinese
government's family planning policy. After the birth of their first child in
February 1995, the Chinese authorities forbade the Applicant and his wife from
having a second child for a four-year period. However, the Applicant and his
wife disregarded this directive, refusing to practice birth control. The
Applicant's wife became pregnant in April of the same year and the local family
planning authorities forced her to undergo an abortion. She was also given an
I.U.D. at the time.
The
Applicant also alleges that he was ordered sterilized. According to his
statement, "it was the policy that the male be sterilized because women
were experiencing health problems when having a sterilization operation shortly
following abortion". Fearing sterilization, the Applicant went into
hiding and made arrangements to flee the country.
First,
the Board found that the Applicant could not fear persecution for having
violated China's family planning policy since he and his wife had complied with
the policy. They have one child and the Applicant's wife has been sterilized.
This, itself, dissipates the Applicant's fear of persecution.
Second,
the Board found that the Applicant did not submit any reliable evidence to
support his contention that he would be persecuted by the authorities on
account of his religion. Furthermore, the documentary evidence before the
Board spoke of the Chinese government's tolerant attitude toward
"officially-sanctioned religious organizations". These Board
findings are reasonable and do not disclose any reviewable errors.
Consequently,
the application for judicial review is dismissed.
Neither
counsel recommended certification of a question in this matter. No question
will be certified.
TORONTO, ONTARIO
This 8TH
day of October 1997
"Danièle Tremblay-Lamer"
Judge
FEDERAL
COURT OF CANADA
Names
of Counsel and Solicitors of Record
COURT NO: IMM-176-97
STYLE OF CAUSE: KIN
PING CHENG
-
and -
THE
MINISTER OF CITIZENSHIP
AND
IMMIGRATION
DATE OF HEARING: OCTOBER
8, 1997
PLACE OF
HEARING: TORONTO, ONTARIO
REASONS FOR
ORDER BY: TREMBLAY-LAMER, J.
DATED: OCTOBER
8, 1997
APPEARANCES:
Mr.
Nkunda I. Kabateraine
For
the Applicant
Mr.
David Tyndale
For
the Respondent
SOLICITORS OF
RECORD:
Mr.
Nkunda Kabateraine
403-607
Gerrard St. E.
Toronto,
Ontario
M3M
1Y2
For
the Applicant
George Thomson
Deputy
Attorney General
of
Canada
For
the Respondent
FEDERAL
COURT OF CANADA
Court No.:
IMM-176-97
Between:
KIN
PING CHENG
Applicant
-
and -
THE
MINISTER OF CITIZENSHIP
AND
IMMIGRATION
Respondent
REASONS
FOR ORDER
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