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Brar v. Canada ( Minister of Employment and Immigration )

IMM-292-93

Rouleau J.

8/9/93

4 pp.

Application for judicial review of decision of Immigration and Refugee Board -- Applicant, Sikh from Punjab, arriving in Canada in October 1990 -- Claiming refugee status on grounds of religion, political opinion and membership in particular social group -- Applicant arrested and detained several times as member of All India Sikh Student Federation -- Subjected to abusive language -- Fled India after fourth arrest -- Board concluding applicant not having well-founded fear of persecution -- Determining applicant's arrests not arbitrary -- National security, peace and order valid social objectives of any state -- Most states having measures providing for derogation of civil rights temporarily in time of emergency -- Derogation of civil rights not necessarily amounting to persecution -- Board's finding neither perverse nor erroneous -- Application dismissed.

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