1804743 (Refugee)

The applicant, a citizen of China, sought review of a decision by the Refugee Tribunal to affirm the refusal of a protection visa. The applicant claimed to be a member of an underground Christian church and asserted that this religious affiliation placed them at risk of persecution in their home country. The Tribunal had affirmed the refusal of the visa, partly due to the applicant's non-appearance at a scheduled hearing.

The primary legal issue before the court was whether the Tribunal had erred in affirming the refusal of the protection visa, particularly in light of the applicant's claim of religious persecution and their failure to attend the hearing. This involved considering whether the Tribunal had sufficient information before it to make a proper assessment of the applicant's claims, and whether the applicant's non-appearance had prejudiced their ability to present their case.

The court found that the Tribunal had not been provided with sufficient information to properly assess the applicant's claims regarding their membership in an underground Christian church and the associated risks. The court noted that the applicant's non-appearance at the hearing, while a factor, did not necessarily preclude a proper assessment of the merits of their protection claim if other sufficient information was available. However, in this instance, the available information was deemed insufficient. The court therefore concluded that the Tribunal's decision to affirm the refusal of the protection visa was affected by an error of law.

The court set aside the decision of the Refugee Tribunal and remitted the matter to the Tribunal to be heard and determined according to law.