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Ahmed v. Canada ( Minister of Employment and Immigration )

92-A-6824

Nadon J.

8/10/93

10 pp.

Application for judicial review of decision of Immigration and Refugee Board applicant not Convention refugee by reason of well-founded fear of persecution on grounds of political opinion, race or membership in particular social group-Applicant Ugandan of Arab origin and Muslim faith-Applicant's father killed by National Resistance Army (NRA) in October 1986-Applicant arriving in Canada in June 1989 and claiming refugee status-Board finding applicant's fear of persecution on ground of political opinion not well-founded-Whether applicant's fear objectively based as required by law-Applicant and family subject to great amount of personal random violence-Frequency of run-ins between applicant, family and NRA suggesting applicant did suffer persecution at hands of NRA-Board not using proper test in deciding whether applicant could base fear of persecution on political opinions-Applicant's evidence showing unwillingness to avail of protection of own country by reason of fact Museveni government condones or at least tolerates activities of soldiers-Museveni government unable to protect applicant-Board's finding Uganda not condoning or tolerating extra-judicial killings and violence against private citizens by members of military perverse-Application allowed.

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