CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Convention Refugees |
Tariq v. Canada (Minister of Citizenship and Immigration)
IMM-559-00
2001 FCT 540, O'Keefe J.
29/5/01
18 pp.
Application for judicial review of decision by Convention Refugee Determination Division (CRDD) applicants not Convention refugees--Applicants, children citizens of Pakistan, Shiite Muslims--Father claimed well-founded fear of persecution in Pakistan by reason of political opinion, religion, membership in particular social groups--Mother, children claimed well-founded fear of persecution in Pakistan by reason of relationship to father--CRDD finding applicants' fears of Sipa-e-Sahaba (SSP) not objectively well-founded--Also finding no "compelling reasons" under Immigration Act, s. 2(3)--Whether Board erred in law by applying too high a standard of proof on applicant father to establish fear of persecution in Pakistan well-founded--Board stating it highly doubted father had much to fear--What did Board mean by words "highly doubt"?--Board made error in failing to clearly state what standard of proof it had applied in order to determine refugee status of applicants--Whether Board erred in law in finding change of circumstances in Pakistan "effective and durable", of such nature as to remove objective basis of applicants' fears--Change in country conditions not meaningful, effective--More detailed analysis of evidence of changes in country conditions necessary to meet requirement change be meaningful, effective enough, or substantial, durable, effective enough to make applicants' fear unreasonable, without foundation--Board erred in law in finding state now had ability to protect applicants from persecution--Application allowed--Immigration Act, R.S.C., 1985, c. I-2, s. 2 (as am. by R.S.C., 1985 (4th Supp.), c. 28, s. 1; S.C. 1992, c. 49, s. 1; 1994, c. 31, s. 18; 1995, c. 15, s. 1.