CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Convention Refugees |
Sanxhaku v. Canada (Minister of Citizenship and Immigration)
IMM-3086-99
Dawson J.
9/6/00
11 pp.
Application for judicial review of CRDD's determination rejecting Albanian applicants' claim to refugee status on ground of political opinion--Principal applicant had been active member of Democratic Party of Albania and had been elected chairman of local commune--Applicant allegedly beaten on number of occasions, house blown up, killing father, because of principal applicant's political activities--CRDD not persuaded alleged attacks politically motivated, state protection unavailable--Application allowed--CRDD's conclusion attacks not politically motivated erroneous and made without regard for evidence before it--CRDD also referred to Canada (Minister of Citizenship and Immigration) v. Villafranca, [1992] F.C.J. No. 1189 (F.C.A.) for proposition victims of terrorism not Convention refugees simply because governments unable to suppress evil--However, for Villafranca to be applied, state must be in effective control of its territory--Given fact CRDD did not have proper regard to evidence of similarly situated individuals, and apparent failure to consider state of profound unrest prevailing in Albania as that related to ability of state to protect its nationals, CRDD committed reviewable error.