Digests

Jasmin v. Canada (Minister of Citizenship and Immigration)

IMM-3838-02

2003 FC 1017, Russell J.

2/9/03

9 pp.

Humanitarian and Compassionate Considerations Judicial review of Immigration Officer's decision (Officer) determining insufficient humanitarian and compassionate grounds to warrant favourable decision under Immigration and Refugee Protection Act, s. 25(1)--In application, applicant stated established in Canada and at risk of personal danger from family and other Muslims should applicant return to Bahrain because of conversion to Christianity--Officer referred applicant's submissions to Post-Claim Determination Officer (PCDO)--PCDO determined applicant "would not face objectively identifiable risk of threat to life, inhumane treatment or extreme sanctions" if returned to Bahrain-- Counsel for applicant given opportunity to respond to PCDO's opinion--PCDO reviewed further submissions provided and determined available information suggests should applicant refrain from proselytising and practice his faith privately, he would face no threat--Whether Officer erred in failing to give reasons for her rejection of humanitarian and compassionate application--Some form of reasons should be provided in certain circumstances depending on applicable factors such as significance of decision to individual--If accepting applicant's contention that due to applicant's conversion to Christianity from Islam, he would be at serious risk if returned to Bahrain, then actual decision of immense significance to applicant--Upon review, clear "Notes to File" of Officer contain no analysis which could reasonably be inferred to constitute "reasons"--Although decision clearly lists factors which officer considered, decision does not explain why adverse conclusion warranted by factors--List of factors considered does not constitute sufficient analysis in this case--Whether Officer erred in finding Christian converts not at risk of persecution in Bahrain--Information considered by PCDO clearly indicated number of risks when converting from Islam in Bahrain--PCDO's suggestion applicant "refrain from proselytising and practice his faith privately" not tenable--Obviously applicant could hide his faith or pretend to be of another faith--However, not a choice individual should have to make--Applicant's conversion resulted in inevitable threat to his safety--Neither Officer nor PCDO considered or meaningfully addressed central issue of conversion in application, which constituted reviewable error--Application allowed--Immigration and Refugee Protection Act, S.C. 2001, c. 27, s. 25(1).