The applicant sought judicial review of a Refugee Protection Division decision denying her claim for refugee protection based on her sexual orientation.
The RPD found she lacked credibility and failed to establish she is a lesbian, despite accepting her marriage to a woman in Canada.
The Federal Court held that the RPD erred by failing to consider whether the applicant's legal same-sex marriage would cause her to be perceived as a lesbian in China, which expert evidence indicated could subject her to discrimination amounting to persecution.
The application for judicial review was allowed.
