CITIZENSHIP AND IMMIGRATION |
Immigration Practice |
Lu v. Canada (Minister of Citizenship and Immigration)
IMM-285-04
2004 FC 1517, Layden-Stevenson J.
27/10/04
4 pp.
Judicial review of decision by Refugee Protection Division of Immigration and Refugee Board (RPD) applicants not Convention refugees, persons in need of protection-- Applicant Jie Ping Lu Chinese citizen who became permanent resident of Peru in 1993--Married in Peru, had two daughters --Children citizens of Peru--Refugee claims based on fear of persecution in Peru because of Chinese ethnicity--No issue regarding credibility findings--Only argument advanced by applicants children prejudiced when RPD refused to grant them separate hearing, separate representation--Applicants alleging children did not receive fair hearing of claims because of insufficient attention to fact persecution, prejudice would affect them differently than it would affect mother--Refugee Protection Division Rules, r. 49(1) requiring RPD to join claim of claimant to claim made by claimant's child-- Applicant swearing personal information form (PIF), PIF of daughters "true and accurate"--No independent basis provided with respect to children's claims--Not logical to separate claims based on same underlying facts--Given claims of daughters, mother based on same facts, no injustice likely to be caused by hearing claims together--RPD correct to determine claims should not be separated--Applicants failing to demonstrate error, prejudice in joinder of claims-- Application dismissed--Refugee Protection Division Rules, SOR/2002-228, r. 49(1).