The One Child Policy and Persecution

The Federal Court in Yu v. Canada has certified the following question of general importance:

Does the one-child policy, when, in fact, executed by a State qualify as one of “persecution” as interpreted by the Refugee Convention, if, and when, a couple would want to have, have conceived, or have more than one child?

If the Federal Court of Appeal answers in the affirmative, the implications for refugee claimants from the People’s Republic of China will be significant.


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