Chu v. Canada ( Minister of Citizenship and Immigration )
IMM-5159-94
Jerome A.C.J.
17/1/96
6 pp.
Application to set aside decision of Immigration and Refugee Board applicant not Convention refugee-Applicant, citizen of China, entering Canada as visitor in May 1990-In January 1992, killed co-worker, charged with murder-Subsequently diagnosed as paranoid schizophrenic, found not criminally responsible-Whether member of particular social group facing persecution by reason of that membership if returned to China-Board right in not finding applicant member of particular social group-Conclusion applicant will face another trial mere speculation-Even if retrial undertaken, result would be prosecution, not persecution-There must be nexus between personal situation of refugee claimant and general human rights situation in country from which he is fleeing-No evidence of violations of human rights posing threat to applicant personally should he return to China-Application dismissed.