Kazkan v. Canada ( Minister of Citizenship and Immigration )
IMM-1313-96
Rothstein J.
20/3/97
3 pp.
Application for judicial review of CRDD decision treatment received by applicants in Iran amounted at most to harassment, not persecution-Female applicant ethnic Chinese atheist-Married male applicant, Iranian-According to panel, in returning to Iran, female applicant could continue to use excuse she was studying Islamic faith when she was not, in order to avoid difficulty with State as not converted to Islamic faith-Not acceptable for CRDD to base finding person not Convention refugee on ground she could avoid difficulty by lying about religious beliefs-Panel not considering what treatment female applicant would suffer if were to tell truth about religious beliefs, true intention not to convert-Not assessing expert evidence-In failing to do so, panel failed to address relevant question, ignored relevant evidence-Judicial review allowed, matter remitted to different panel of CRDD for redetermination of whether female applicant has well-founded fear of persecution in Iran if, when asked, she told truth about atheism, refusal to convert to Islamic faith.