REFUGEE PROTECTION - Persecution - Religion - Credible basis for claim - Loss of refugee status

Law360 Canada ( September 23, 2024, 12:30 PM EDT) -- Application by Yuan for judicial review of the senior immigration officer's ("Officer") refusal of his Pre-Removal Risk Assessment ("PRRA") application. Yuan, a Chinese citizen, sought refugee protection for fear of religious persecution. Subsequently, he obtained permanent residence and with his wife and children they became permanent residents in Canada. After obtaining permanent residence in Canada, Yuan applied for a Chinese passport and travelled to China to attend his mother's funeral. The Minister of Citizenship and Immigration ("Minister") moved to cease his refugee status which the Refugee Protection Division ("RPD") allowed. Further, the RPD found that Yuan did not have any issues with the Chinese authorities during his travel to China and that he no longer needed protection in Canada. Yuan filed his PRRA. The Officer evaluated various pieces of evidence, including letters from Yuan’s cousin and church, and country condition reports and found the evidence insufficient to establish that Yuan was at risk of persecution. The Officer therefore refused Yuan's PRRA application finding that he was neither a Convention refugee nor a person in need of protection. Yuan submitted that the Officer's decision was unreasonable for its treatment of the evidence and the standard it required to establish religious persecution. He also submitted that the Officer breached procedural fairness by failing to convoke an oral hearing....
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