Federal Court Decisions

Decision Information

Liu v. Canada (Citizenship and Immigration)

Court (s) Database Federal Court Decisions
Date 2011-12-20
Neutral citation 2011 FC 1505
File numbers IMM-4210-11

Decision Content

 Date: 20111220

Docket: IMM-4210-11

Citation: 2011 FC 1505

Toronto, Ontario, December 20, 2011

PRESENT:     The Honourable Madam Justice Mactavish

 

 

BETWEEN:

 

YONG QIANG LIU

 

 

 

Applicant

 

and

 

 

 

THE MINISTER OF CITIZENSHIP

AND IMMIGRATION

 

 

 

Respondent

 

 

 

 

 

           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”

Judge

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:

 

Diane Coulthard

FOR THE APPLICANT

 

Marcia Pritzker-Schmitt

FOR THE RESPONDENT

 

 

SOLICITORS OF RECORD:

 

LEVINE ASSOCIATES

Barristers & Solicitors

Toronto, Ontario

 

FOR THE APPLICANT

MYLES J. KIRVAN

Deputy Attorney General of  Canada

FOR THE RESPONDENT

 

 

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