CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Convention Refugees |
Sman v. Canada (Minister of Citizenship and Immigration)
IMM-2950-00
2002 FCT 891, Pelletier J.
20/8/02
9 pp.
Judicial review of CRDD's decision--Applicant, citizen of Egypt, extended family coptic Christians --Applicant, cousin Noha both students at University--Family decided Noha should not be allowed to go about alone, so applicant became constant companion--After consultation with family, priest, decided applicant should leave Egypt-- Claimed refugee status in Canada on July 25, 1999-- Applicant said could not return to Egypt as fears will be killed by Islamic fundamentalists trying to forcibly recruit cousin-- CRDD finding, apart from one discrepancy, applicant "generally credible"--Also finding applicant's fear not well founded-- CRDD reviewed documentary evidence with respect to forced conversions of Christians to Islam in Egypt--Applicant on horns of dilemma--Documentary evidence supporting CRDD's conclusion which was not unreasonable-- CRDD's conclusion as to absence of objective basis for plaintiff's fear another way of finding reasons to believe future would not follow same course as past--Issue not applicant's subjective fear since CRDD finding no objective basis for fear of future persecution--Application dismissed.