Chen v. Canada ( Minister of Employment and Immigration )
A-929-92
Gibson J.
10/11/93
5 pp.
Application for judicial review of decision by Convention Refugee Determination Division (CRDD) applicant not Convention refugee within meaning of Immigration Act -- Applicant, citizen of China, claiming Convention refugee status on basis of well-founded fear of persecution by reason of political opinion -- CRDD reaching no conclusion as to whether applicant's alleged well-founded fear by reason of political opinion established -- No analysis as to whether difficulties encountered by applicant constitute basis for well-founded fear of persecution -- CRDD ignoring applicant's evidence publicly displayed satirical drawings with superficial message and more subtle secondary message intended to mock authority in China -- Action amounting to substitution or imposition of western or north-american interpretation and values for those of often much more subtle culture -- Counsel for applicant questioning fairness of introduction on behalf of CRDD of almost 80 pages of documentary evidence only shared with counsel on morning of hearing -- No evidence on record of objection taken by him -- No practical necessity for such late sharing -- Application allowed-Immigration Act, R.S.C., 1985, c. I-2.