Bains v. Canada ( Minister of Employment and Immigration )
92-A-6905
Cullen J.
26/5/93
6 pp.
Application to review Convention Refugee Determination Divison decision applicant not Convention refugee -- Refugee Division drawing inference persistent Indian police activity with respect to Sikh applicant implausible, given applicant's limited political activity -- Not referring to Amnesty International reports, according to which constant harassment of members or former members of Akali Dal norm, not exception -- Failure to comment thereon seriously weakened Refugee Division's decision and conclusions -- Applicant's contention wholly consistent with documentary evidence -- Refugee Division not specifying what found credible or not credible -- No serious or significant contradictions in applicant's testimony -- Refugee Division erred in law when omitted mention of documentary evidence directly specific to applicant, i.e. doctor's certificate, letter from applicant's wife and letter from president of Punjab Human Rights Organization -- Obligated to at least comment thereon -- Applicant should be advised of reasons why documentation accepted or rejected -- Application allowed -- Federal Court Act, R.S.C., 1985, c. F-7, s. 18.1 (as am. by S.C. 1990, c. 8, s. 5).