Hotaki v. Canada ( Minister of Employment and Immigration )
IMM-6659-93
Gibson J.
22/11/94
5 pp.
Application for judicial review of CRDD decision applicant not Convention refugee -- Applicant citizen of Afghanistan -- Father senior government official during Najibullah regime, prominent member of communist party -- Arranging for applicant to teach children of high-ranking communist party members in lieu of military service -- Father killed when Mujahadeen invading Kabul; brother missing -- Applicant remaining at home until able to arrange to leave Afghanistan -- Hiding in underground shelter with brother at least sign of danger -- Soldiers coming to house, asking for applicant by name -- CRDD concluding applicant not personally targeted, but shared fear felt indiscriminately by all citizens of Afghanistan -- Application allowed -- CRDD erred in failing to recognize applicant personally or differentially targeted -- Factors distinguishing applicant's fear from that felt indiscriminately by others: father politically aligned, relatively high profile; securing privilege for son bringing him into daily contact with children of other politically aligned people; applicant sought by name.