Digests

A.C. v. Canada (Minister of Citizenship and Immigration)

IMM-4678-02

2003 FC 1500, Russell J.

19/12/03

26 pp.

Judicial review of Immigration and Refugee Board's (Board) decision applicants not Convention refugees-- Principal applicant (A.C.), citizen of Bangladesh fearing persecution in Bangladesh--Found guilty in absentia by Bangladeshi court in 1998 for role as co-conspirator in 1975 coup resulting in death of then-president, members of his family, entourage--Principal applicant's wife's claim based to some extent on husband's claim--Board concluded applicant excluded by United Nations Convention Relating to the Status of Refugees, Art. 1F(a), (b)--Also concluded principal applicant feared prosecution and not persecution within meaning of Convention refugee definition--Board found wife not subject to exclusions under Refugee Convention, Art. 1F(a), (b) and that she had no claim to refugee status in her own right--As to submission Board ignored evidence, decision brief but adequate to show evidence addressed and appropriate weighing of competing evidence took place to reach conclusion of serious reasons for considering commission of serious non-political crime--Testimony of witnesses, and documentary sources upon which they relied, crucial evidence contradicting Board's conclusion A.C. involved in 1975 coup--Reading decision as whole not giving rise to inference Board's failure to mention evidence contrary to conclusions in detail meaning Board overlooked important evidence or made erroneous finding of fact--Contrary evidence introduced by applicants not sufficient to convince Board, after taking into account Bangladeshi decisions and Amnesty International information, no serious reasons for considering serious non-political crime committed--Board did not err in concluding there were serious reasons for considering A.C. committed serious non-political crime-- Board found A.C.'s participation in 1975 coup constituted "non-political crime"--Application of test found in Gil v. Canada (Minister of Employment and Immigration), [1995] 1 F.C. 508 (C.A.), requiring evaluation of "proportionality" of acts in question and whether rational connection between damage inflicted and change in political regime--Brutal and systematic killing of president's family cannot be regarded as proportional to objective of removing hated political figure-- Excessive killings as occurred in this case cannot be justified as means for achieving regime change--Fact that day after coup civilian government installed, recognized by Canadian Government, not making excessive killings politically justifiable--Whether Board asked itself wrong question when focussed on fairness of trial before concluding A.C. did not have well-founded fear of persecution--Board did not err in inclusion finding because evidence referred to by applicants concerning police brutality and torture not establishing nexus between A.C.'s alleged fear and Convention ground--Board did not err by ignoring evidence--Once political party (purported agents of persecution) voted out of office, no longer any objective basis for applicants' fears of persecution unless applicants adduce evidence to contrary--Application dismissed--United Nations Refugee Convention Relating to the Status of Refugees, July 28, 1951, [1969] Can. T.S. No. 6, Art. 1F(a), (b).