Liu v. Canada ( Minister of Citizenship and Immigration )
IMM-4316-94
Reed J.
16/5/95
4 pp.
Application for judicial review of Board decision applicant not Convention refugee -- Board concluding applicant not facing sterilization upon return to China as returning to urban area rather than rural area -- Evidence clear policy of required sterilization for one member of couple having one or two children not confined to rural areas; one-child policy nationwide program equally applicable in urban areas -- Physical compulsion not only mechanism for forcing person to do something against free will; "forced sterilization" not restricted to circumstances where individuals taken by physical force to be sterilized -- Board making erroneous finding with regard to absence of forced sterilization, however error not determinative of application as case lacking evidence of applicant's subjective fear of persecution resulting from threat of sterilization -- Having had second son, born abroad, no evidence applicant or husband now objecting to family planning policy or methods of government of China -- Not appropriate to quash Board's decision in light of lack of subjective fear -- Application dismissed.