Isa v. Canada ( Secretary of State )
IMM-1760-94
Reed J.
16/2/95
7 pp.
Application to set aside Convention Refugee Determination Division (Board) decision denying applicant Convention refugee status -- Issue proper application of test for Convention refugee status to individual fleeing racially based civil war in home country -- Applicant, citizen of Somalia, member of Marehan subclan of Darod tribe and basing claim for Convention refugee status on fear of attack and death by Hawiye tribe -- Board dismissing claim on ground fear of civil war and anarchy not normally fear of persecution -- If racially motivated attacks in civil war circumstances constituting ground for Convention refugee status, all individuals on either side of conflict qualifying as many civil war situations racially or ethnically based -- United Nations Handbook of Procedures and Criteria for Determining Refugee Status under the 1951 Convention and the 1967 Protocol relating to the Status of Refugees, Geneva, September 1979 indicating such is not purpose of 1951 Convention -- Applicant not facing any problem in Somalia except fighting -- Fear of regional attack arising from inter-tribal fighting in Somalia -- Evidence supporting Board's conclusion all clans and sub-clans constituting both perpetrators and victims; and applicant's clan not differentially targeted from any other clan -- Board not erring in finding applicant's fear similar to fear of Somalian citizens in general and arising out of country's ongoing civil strife -- Although individuals may be refugees as a result of famine, drought and civil war, not constituting Convention refugees (Roble v. Minister of Employment and Immigration (1994), 169 N.R. 125 (F.C.A.)) -- By way of dicta, Court holding although destruction of false travel documents not consideration when assessing claimant's credibility, claimant must prove case; thus inability to produce return ticket to country from which person claims to have entered country as visitor relevant -- Application dismissed.