CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Convention Refugees |
Khan v. Canada (Minister of Citizenship and Immigration)
IMM-5965-00
2001 FCT 836, Heneghan J.
26/7/01
12 pp.
Application for judicial review of decision by Immigration and Refugee Board applicant not Convention refugee--Applicant, citizen of Bangladesh, arrived in Canada in July 1995--Claimed Convention refugee status on basis of well-founded fear of persecution by reason of political opinion--In 1992, applicant joined Purba Banglar Sharbahara Party (PBS)--Bangladesh Nationalist Party (BNP) opposed to PBS, acted violently against it--In August 1994, applicant injured during open meeting attacked by BNP supporters--In early 1995, applicant allegedly learned for first time of involvement by PBS in acts of violence, including robbery, rape, murder--Board rejecting applicant's Convention refugee claim as failed to credibly demonstrate left Bangladesh due to fear of persecution, to show "refugee sur place" claim more than speculative--Whether Board erred in law by failing to properly consider whether applicant refugee sur place as result of Board causing applicant's identity to become known to prosecutory agents in country of origin--Board erred in conclusion respecting exclusion of applicant under Convention, Art. 1F(a)--Perverse and capricious for Board to base exclusion determination on finding of fact unwilling to make in decision--If Board unable to find applicant member of PBS, it should not base exclusion decision on speculation--Determination patently unreasonable--Person can be found refugee sur place when fear of persecution triggered by circumstances arising in country of origin during claimant's absence, as result of claimant's own actions while outside country of origin--Board erred in dismissing sur place refugee claim--Claim based on two newspaper articles published after applicant left Bangladesh--Board's conclusion ignoring verification process undertaken by Research Directorate of Board--Perverse, capricious for Board to have dismissed two newspapers due to concern about credibility of applicant's evidence when articles subject of independent verification--Board's conclusion about foundation of sur place claim also perverse, capricious, patently unreasonable as based upon fundamental misappreciation of evidence before it--Application allowed--United Nations Convention Relating to the Status of Refugees, July 28, 1951, [1969] Can. T.S. No. 6, Art. 1(F).