CITIZENSHIP AND IMMIGRATION |
Exclusion and Removal |
Removal of Permanent Residents |
Tehrankari v. Canada (Minister of Citizenship and Immigration)
IMM-4024-96
McKeown J.
7/9/00
3 pp.
Judicial review of Minister's determination applicant danger to public in Canada--Memo to Minister not mentioning torture of applicant in Iran, fear of persecution because of political dissidence except: two references to applicant as escapee from political custody and reference to possibility of future torture, but not of past torture--Past torture always material--Must be highlighted in any assessment of risk--Officer should have also discussed applicant's fear of persecution because of political dissidence and not emphasized to same extent fear of persecution for being deserter, since it was secondary fear--If Minister, officials doubt any part of applicant's evidence, must provide applicant with oral hearing--Since Minister ignored material evidence relating to past torture, fear of persecution because of political dissidence in performing risk assessment, no proper risk assessment--Application allowed.