CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Convention Refugees |
El Kasim v. Canada (Minister of Citizenship and Immigration)
IMM-12-02
2002 FCT 1087, Layden-Stevenson J.
18/10/02
6 pp.
Judicial review of CRDD decision applicants not Convention refugees--Principal applicant, father, and other family applicants left Iraq for Kuwait--Principal applicant's claim for Convention refugee status based on inability and unwillingness to return to Iraq due to political opinion-- Political opinion based on principal applicant's refusal to serve in Iraqi military--Principal applicant's testimony before CRDD indicating refusal to return to Iraq from Kuwait to join Iraqi army and refusal to "buy out" of military service-- Refusal based on unwillingness to aid Iraqi regime--Refusal to pay raising issue of conscientious objection--Test of conscientious objection as set out in Zolfagharkhani v. Canada (Minister of Employment and Immigration), [1993] 3 F.C. 540 (C.A.)--Issue whether principal applicant's opposition to payment political act or opinion resulting in persecution within meaning of Convention--CRDD failing to address issue--Onus on applicant to establish subjective and objective fear of persecution--Oral and documentary evidence requiring analysis under framework outlined in Zolfagharkhani, supra, and CRDD failure to analyze constituting error of law--Application allowed; matter remitted to Refugee Protection Division for redetermination before differently constituted panel.