Asadi v. Canada ( Minister of Citizenship and Immigration )
IMM-1921-96
Lutfy J.
18/4/97
5 pp.
Judicial review of CRDD determination applicant having no well-founded fear of persecution based on membership in particular social group, political opinion-In reviewing mistreatment, Tribunal noting at least four times principal applicant neither arrested nor detained-In considering impact of illegal departure from Iran, Tribunal holding administrative fine or term of imprisonment so short as not to be persecutory most likely sentence based on document neither produced at hearing nor included in Tribunal's record filed with Court-Document publicly available, referred to in index tabled at Tribunal hearing-Holding fine economic sanction, not constituting persecution-Application allowed-Implication from reasons persecution requiring arrest, detention error of law: Oyarzo v. Minister of Employment and Immigration, [1982] 2 F.C. 779 (C.A.)-Tribunal also erred in assuming general practice of administrative fines or short periods of imprisonment for returning Iranians fleeing country illegally would apply to applicants, without taking into consideration execution of principal applicant's brother, anti-government activities of two older sons, ongoing incarceration of husband-Incumbent upon Tribunal in assessing prospective element of applicants' well-founded fear to consider possible consequences of return to Iran in context of family history and principal applicant's husband continued incarceration without trial-Decision not disclosing prospective assessment made.