CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Convention Refugees |
Saad v. Canada (Minister of Citizenship and Immigration)
IMM-2770-99
Nadon J.
13/7/00
6 pp.
Application for judicial review of IRB Refugee Division decision plaintiff not Convention refugee--Plaintiff, citizen of Djibouti, feared persecution if had to return to country, on account of political opinions and membership in social group of journalists--Refugee Division concluded evidence submitted by plaintiff credible but nevertheless rejected claim--Plaintiff maintained Refugee Division erred by using wrong test, that of systematic persecution--Error explained why Refugee Division, having concluded story related by plaintiff credible, able to say torture inflicted on him did not constitute persecution within meaning of Convention--Refugee Division appeared to focus on government's intention rather than on actions taken by government--Made error which vitiated decision--Application allowed.