Digests

Moussa v. Canada (Minister of Citizenship and Immigration)

IMM-2638-01

2002 FCT 513, Rouleau J.

7/5/02

7 pp.

Judicial review of decision of Post-Claim Determination Officer (PCDO) decision applicant would not face reasonable possibility of risk if returned to Egypt--Applicant citizen of Egypt, practising Coptic Christian--Practicing law since 1996--In 1998 represented Muslim woman in divorce proceedings--Night before final court appearance, assaulted, threatened by Muslim fundamentalists if did not withdraw from case--Although reported matter to police, ordered to leave police station--On day divorce granted, nearly struck by car as left court-house, threatened by phone--Left Cairo for hometown--Apartment, office vandalized and anti-Christian messages scrawled on walls--Chose not to contact police second time--Came to Canada--Refugee claim denied, not assessed for membership in post-determination refugee claimants in Canada class because not filing application on time--Pre-removal risk opinion conducted--PCDO's conclusion motivated by: (1) applicant's failure to show belonged to group at risk in Egypt; (2) evidence suggesting applicant could avail himself of protection from state but had not made sufficient attempts to seek such protection--Holding no link between applicant's personal circumstances, country conditions--Application allowed--PCDO erred in concluding no link between harm feared by applicant, country conditions --Applicant belonging to particular social group i.e. lawyer engaged in activities perceived to be anti-Islamic by fundamentalists--Can be construed as persecution on basis of religion--Unreasonable to expect applicant to continue to seek protection--Furthermore PCDO failed to consider circumstances particular to applicant, i.e. that practising lawyer, and in position to know about likelihood of obtaining protection.