Successful refugee appeal on the grounds of religious persecution in China
Our client is a practising Buddhist, following the Yiguandao branch, which is a fusion of Buddhism and Taoism.
Following our client’s arrival in New Zealand, he received information that Chinese government agents had destroyed the Yiguandao temple in his hometown. In addition, members of the temple were either expelled or detained by local police. An arrest warrant was issued for our client seeking his detention for participating in what was described as “underground cult activities”.
Expert evidence of Dr Noakes indicated that a person subject to an arrest warrant based on allegations of involvement in cult activities would likely face extreme risks to personal safety and liberty. The Immigration and Protection Tribunal concluded that the risks of harm were “well-founded” and raised issues under Article 7 (the right to freedom from cruel, inhumane, or degrading treatment” and Article 18 (the right to freedom of thought, conscience and belief) under the ICCPR. The Tribunal acknowledged that as the risk of harm derived from government agencies, it was axiomatic that our client would not have the benefit of any meaningful access to viable internal protection alternatives.
Our immigration lawyers are specialised in refugee law, human rights law, and deportation. If you have concerns about returning to your home country, or you have been made liable for deportation, we encourage you to contact one of our team.
