Dirshe v. Canada ( Minister of Citizenship and Immigration )
IMM-2124-96
Cullen J.
2/7/97
10 pp.
Judicial review of CRDD decision applicant not Convention refugee-Applicant 35-year-old woman from Somalia, member of Hawiye tribe of Habr Gedir clan-Clan persecuted by government troops in 1989-Infant son, father killed by army-Applicant fleeing to various areas within Somalia before arriving in Canada-Convention refugee status claim based on race, political opinion, membership in particular social group i.e. Hawiye tribe of Habr Gedir clan-Tribunal determining applicant not Convention refugee due to changed country conditions-Holding no longer facing reasonable risk of persecution because had internal flight alternative (IFA) i.e. where lived while trying to escape attacks-Tribunal rejecting applicant's fear of rape if returned to Somalia-Documentary evidence Habr Gedir clan split into two warring factions-Application allowed-For IFA to exist, safe area must be one in which no genuine risk of serious harm, must not be unreasonable, in regard to particular circumstances for individual to go there-Additional considerations including practical possibility for individual to get to safe area; ability of individual to get to safe area legally; stability of safe place-(1) Tribunal making no reference to contradictory evidence before it on status of women in Somalia, particularly on topics of rape, violence against women, erosion of women's rights, necessity of strong family support for adequate protection-Although questions of weight of evidence within Tribunal's jurisdiction, Tribunal must at least mention why contradictory documentary evidence going to core of claim given little weight or rejected-(2) In order for IFA to be viable, must be physically possible for applicant to get there-Involving assessment of how applicant to get there-If dangerous for applicant to get to safe area, IFA not practical possibility-No evidence Tribunal turned its mind to practical possibility of applicant actually getting to IFA-Applicant would have to get to IFA on foot-Evidence of roaming gangs of robbers, armed militia, risk of rape to women by men outside own clan-Tribunal considered safety of women only within IFA area controlled by Habr Gedir-In circumstances, necessary to consider applicant's fear within context of her having to get to IFA-Evidence of risk of rape evidence of persecution of women on Convention grounds in trying to get to IFA within Somalia-(3) Test for whether IFA reasonable whether applicant can reasonably, without undue hardship find secure substitute home-Tribunal apparently not considering evidence about father's, son's murders-Applicant's closest family connections in Somalia tragically severed-Evidence of continued hostilities between clans, even infighting within clans themselves-Applicant would be thrust into such environment alone, with no family support, protection-(4) Changes in country conditions must be assessed according to impact on claimant's situation-Changes in country conditions not finally determining claim to Convention refugee status-Tribunal erring regarding several key elements of IFA-Erroneous findings on matters at heart of applicant's claim to Convention refugee status-Serious error in law resulting in patently unreasonable decision.