Kumari v. Canada ( Minister of Employment and Immigration )
A-1296-91
Stone J.A.
20/5/93
5 pp.
Application to set aside decision of credible basis tribunal -- Applicant, Indo-Fijian claiming Convention refugee status based on race, political opinion, religion, nationality, membership in particular social group -- Raped by two native Fijian soldiers on return from temple -- Police not investigating complaints -- Credible basis tribunal holding failure to investigate sexual assault due probably to inability to identify attackers -- Also holding unlikely applicant would be assaulted again by same men if returned to Fiji as crime of opportunity, not racially motivated -- Application allowed -- Inference inability to identify attackers could have been reason for police inaction and characterization of crime as one of "opportunity" constituted weighing of evidence -- Beyond tribunal's jurisdiction -- Contradictory evidence as to present situation re: ability of police and judiciary to protect ethnic Indians in Fiji -- In deciding applicant no longer having good reason to fear persecution in Fiji because of change of circumstances, tribunal again engaged in weighing of evidence -- Question best left to Refugee Division.