RAD – CHINA – FORCED STERILIZATION X (Re), 2016 TB6-10023 et al (CA IRB) [unreported decision]

The appellants are citizen of China and allege that they are convention refugees or persons in need of protection due to force sterilization by Chinese authorities due to her violation of family planning policies.

The Refugee Protection Division (RPD) found the Appellant not credible. The Refugee Appeal Division (RAD) found the RPD improperly dismissed all of the family planning claim documents on the basis of the Appellant’s mother’s affidavit fails to address the visits from the PSB to the family home in relation to the land expropriation. It also found that the RPD failed to objectively assess the appellant’s documents. Having found that the RPD’s decision was wrong in law, the RAD could not substitute its decision without hearing evidence that was presented to the RPD. The appeal is therefore allowed and sent back to the RPD for redetermination.