CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Convention Refugees |
Florian v. Canada (Minister of Citizenship and Immigration)
IMM-2159-01
2002 FCT 231, Tremblay-Lamer J.
1/3/02
7 pp.
Application for judicial review of Immigration and Refugee Board (tribunal) decision plaintiff excluded from scope of Convention pursuant to Convention, Art. 1F(a)--Plaintiff, citizen of Peru, said captured by Shining Path and forced to participate in acts of kidnapping with group's guerrillas-- After two years captivity, managed to escape--On arrival in Canada, claimed refugee status--Tribunal concluded plaintiff had not dissociated himself from terrorist group at first opportunity--Application allowed--No doubt Shining Path covered by Art. 1F(a)--However, reasons for tribunal's decision on whether acted for Shining Path not clear--If tribunal did not believe plaintiff when said his participation in Shining Path activities not voluntary, should have given reasons in support of its finding in clear, unmistakable terms: Moreno v. Canada (Minister of Employment and Immigration), [1994] 1 F.C. 298 (C.A.)--Tribunal did not do this--Further, tribunal appeared to conclude that regardless of plaintiff's complicity, had been guilty of crime against humanity as had personally committed physical act constituting crime against humanity--Once again, tribunal did not take into account fact plaintiff was made prisoner, threatened with death and in spite of everything tried to escape at first possible opportunity--Tribunal should have dealt with question of compulsion: Ramirez v. Canada (Minister of Employment and Immigration), [1992] 2 F.C. 306 (C.A.)--United Nations Convention Relating to the Status of Refugees, July 28, 1951, [1969] Can. T.S. No. 6, Art. 1F(a).