Bazargan v. Canada ( Minister of Employment and Immigration )
A-51-93
Tremblay-Lamer J.
30/5/95
8 pp.
Application for judicial review of Refugee Division decision applicant not Convention refugee on ground excluded under United Nations Convention relating to the Status of Refugees, art. 1F(c) -- Applicant, born in Iran, joined Iranian national police, where pursued career until 1980 -- From 1974 to 1978, responsible for exchanging classified information and intelligence between police and Savak, internal security agency under authority of Shah of Iran -- After 1979 revolution, applicant decided to retire from Iranian armed forces and police forces -- In 1985, government started to engage in harassment against army officers who had held positions under former régime -- In 1987, five persons arrested following aborted conspiracy against régime -- After applicant arrived in Canada, informed was being sought by Iranian authorities -- Board concluded applicant was person described in art. 1F(c) since, as officer in charge of liaison with Savak, had collaborated with Savak and there were serious grounds for considering had tolerated, encouraged and facilitated acts committed by Savak -- Since one of main purposes of United Nations respect for human rights, person who has deprived other people of rights or limited those rights covered by exclusion -- Savak organization depriving other people of rights or limited those rights, thereby violating purposes and principles of United Nations -- Evidence accepted by Board certainly not sufficient to satisfy test established for determining complicity -- No evidence to suggest applicant was member of Savak -- Evidence in record not establishing any personal, knowing participation in acts committed by Savak -- Board erred in finding serious reasons for considering applicant had been guilty of acts contrary to purposes and principles of United Nations -- Application allowed -- United Nations Convention Relating to the Status of Refugees, July 28, 1951, [1969] Can. T.S. No. 6, art. 1F(c).