Ali v. Canada ( Minister of Employment and Immigration )
IMM-39-93
MacKay J.
9/6/94
9 pp.
Application for judicial review of Convention Refugee Determination Division's (CRDD) decision applicant not Convention refugee -- Applicant, citizen of Somalia, member of Issa clan, born and lived in Ethiopia without civil status -- Fighting between rival groups in Ethiopia resulted in shelling of family house -- Claim based on fear of persecution if returned to Ethiopia and risk of being killed if returned to Somalia because of inter-clan rivalry -- CRDD found no possibility of persecution in definition of Convention refugee under Immigration Act, s. 2(1) if returned to Somalia -- Tribunal's decision erred in not assessing applicant's claim to fear persecution because of membership in Issa clan, and in not referring to particulars of applicant's own situation -- Reasons for tribunal's conclusion not set out and not supported on basis of evidence and inferences properly drawn from evidence -- Application allowed -- Immigration Act, R.S.C., 1985, c. I-2, s. 2(1).