Refugee Protection

Ms. X, the claimant, began practicing Falun Gong in year February 2014. A friend, to help her cope with continuing pain from an operation, introduced her. The friend introduced her to a Falun Gong teacher, Ms. Y. Sometimes the claimant practised with both teacher Y and her friend at Ms. Z's house, other times with her friend at her friend's house, and other times on her own in her room at her family's house where she lived. As the Chinese government had banned Falun Gong in July 2014, the claimant practiced only in private, never publicly. She never practiced with anyone other than teacher Y and/or her friend.

Beginning in July 2015, the claimant and her friend were no longer able to contact teacher Y. In August 2015, public notices said the police had issued a warrant for the arrest of Ms. X. The claimant later learned Ms. Z had left China. Eventually the claimant's friend also left China.

After the claimant became aware of the warrant for Ms. Z's arrest, she began to fear for her own safety. She was afraid that other people might identify her to the police as a Falun Gong practitioner and/or as a former student of teacher Y. In January 2015, the claimant resigned from her job and moved from the city to a friend's house in a mountainous region. She remained there until June 2015, when she fled to Canada with the assistance of a "snakehead".

The claimant, who had been a schoolteacher, said other teachers from her school practiced Falun Gong with Ms. Z. Ms. Z told the claimant that she told these other teachers she was teaching Falun Gong to the claimant. The claimant fears these other teachers may tell the police that the claimant was a student of Ms. Y. The claimant also fears neighbours may discover she practices Falun Gong at home and report her to the police. The police offered a reward to anyone who reports a Falun Gong practitioner.

Use the fact situation as if it were notes from the client interview. Determine whether the claimant has a case with merit analyzing the case according to the usual issues that are material at a refugee hearing (fear of persecution or need of protection, credibility, state protection, internal flight alternative). Examine the issues of concern that arise from the fact situation and consider the advice or counsel you would provide to the clients based on your analysis.