Al-Maisri v. Canada ( Minister of Employment and Immigration )
A-493-92
Stone J.A.
24/4/95
4 pp.
Appeal of Refugee Division decision rejecting appellant's claim for Convention refugee status on ground appellant facing prosecution for deserting country's military rather than persecution for political opinion -- Appellant, citizen of Yemen, deserting country's military upon deployment in support of Iraq's invasion of Kuwait -- Refugee Division relying on Canadian law for standard of sanctions which might be imposed by Yemen government for act of desertion and concluding punishment not disproportionate to gravity of offence -- Although Refugee Division not under obligation to determine Yemen law, that issue must be addressed having regard to Yemen's human rights record -- Appellant's opposition to military service due to genuine conviction rejected by Refugee Division as not covered by UNHCR Handbook, ss. 170 and 171 -- Refugee Division misapplying guidance afforded by UNHCR Handbook, s. 171 in finding Iraq's invasion of Kuwait not condemned by international community as contrary to basic rules of human conduct notwithstanding its finding invasion condemned and annexation declared null and void by United Nations -- Refugee Division erred in concluding Iraq's actions not contrary to basic rules of human conduct -- Appeal allowed.