CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Convention Refugees |
Husseini v. Canada (Minister of Citizenship and Immigration)
IMM-500-01
2002 FCT 177, Lemieux J.
18/2/02
7 pp.
Judicial review of IRB, Refugee Division's decision applicant not Convention refugee--Applicant, citizen of Iraq, devout Shiite Muslim--Testified that prior to present regime attended mosque four or five times daily--Stopped going to mosque in 1988 because security agents taking worshippers from mosque, putting them in prison--Continued to practise religion at home--Tribunal holding at most applicant restricted from practising religion outside home, and no credible evidence ever participated in demonstrations, protests, public manifestations of religion--Fosu v. Canada (Minister of Employment and Immigration) (1994), 90 F.T.R. 182 (F.C.T.D.) holding right to freedom of religion including freedom to demonstrate religion in public or in private by teaching, practise, worship, performance of rites, and persecution of practise of religion can take various forms, such as prohibition on worshipping in public or private-- Applicant arguing IRB had obligation to analyse whether restriction on ability to practise religion outside home, i.e. in public, constituting persecution in circumstances-- Respondent arguing Refugee Division determined applicant not providing credible evidence prevented from publicly practising faith--Application allowed--Tribunal failed to analyse, as obligated to do under Fosu, issue of circumstances why applicant ceased to go to mosque since 1988 and whether inability constituted persecution.