CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Convention Refugees |
Shahiraj v. Canada (Minister of Citizenship and Immigration)
IMM-3427-00
2001 FCT 453, McKeown J.
9/5/01
9 pp.
Application for judicial review of Immigration and Refugee Board decision applicant failed to establish nexus to Convention definition, not Convention refugee--Applicant 32 year-old Sikh male, citizen of India--Allegedly arrested, tortured on four separate occasions in order to obtain confessions regarding harbouring of militants, plots to kill prominent persons--Applicant arrived in Canada on November 21, 1999, claimed refugee status--Board considering documentary evidence of several experts--Matter before Court to be decided primarily on issue of nexus--Applicant initially targeted by police based on brother's alleged link with militants--Not for Board to base determination as to whether claimant established nexus to Convention on subjective belief of alleged persecutors themselves, especially since alleged persecutors obviously not present at hearing before Court, could not testify as to own state of mind--Nothing turning on applicant's opinion as to subjective beliefs of alleged persecutors--Evidence merely opinion evidence not proving police did not believe applicant connected to militant movement in India--Applicant not randomly targeted for extortion by police, targeted him based at least partially on association with brother, own imputed political ties to militants--Application allowed--Question certified.