Nickpay v. Canada ( Secretary of State )
A-8-93
Wetston J.
19/1/94
3 pp.
Applicant Iranian citizen -- Claiming refugee status based on race, nationality, political opinion, membership in particular social group -- Testified not member of any political opposition groups in Iran, but several friends were -- When tried to escape Iran illegally with two such friends, arrested and held for four months in revolutionary prison where repeatedly beaten, tortured, interrogated about political connections -- After imprisonment Revolutionary Guard having no evidence of any political opposition activities by applicant -- Fined and sentenced to five-year suspended sentence for being in possession of illegal currency, leaving country illegally -- Application allowed -- Board's reasons not considering applicant's testimony repeatedly tortured, interrogated during four months in prison -- Not indicating whether accepting evidence -- Purpose of beatings to extract information from applicant regarding political connections -- After four months could not get enough information to charge applicant with political crime -- Cannot ignore treatment applicant subjected to during time perceived of having connections to political opposition groups -- Fact applicant not charged with political crime not necessarily meaning not subject of persecution based on political opinion, particularly where evidence demonstrating Revolutionary Prison guards perceiving him to have political connections and acting upon suspicions while applicant in prison -- Board's failure to deal with applicant's fear of persecution based on perceived political opinion reviewable error.