Rahman v. Canada ( Minister of Citizenship and Immigration )
IMM-5023-98
Evans J.
19/7/99
5 pp.
Judicial review of CRDD's rejection of refugee claim, based on change of circumstances taking place in Bangladesh since applicant leaving in 1995-Also finding outstanding criminal charges against applicant constituting prosecution, not persecution-Applicant submitting principal question whether, when person basing fear of persecution on allegedly false criminal charges, breach of duty of fairness for Board to dismiss refugee claim on ground charges not false when not advising applicant prior to or during hearing that disposition of claim may turn on whether charges constituting prosecution, rather than persecution-That box marked "persecution vs. prosecution" on refugee claim officer file screening form not ticked leading applicant to infer would not be issue at hearing-At start of hearing, CRDD identifying change of circumstances, credibility as principal issues-Prosecution/persecution point not raised at hearing-Applicant submitting fundamentally unfair claim rejected on ground never having opportunity to address-Application dismissed-Question whether failure to specifically identify issue before hearing, or to raise it at hearing, as potential basis of decision, prejudiced applicant by taking counsel by surprise or by misleading him so that not introducing relevant evidence-Since basis of claim that applicant would face false, politically motivated criminal charges if returned to Bangladesh, obvious truth of allegation central issue for CRDD to decide at hearing-CRDD's failure to expressly identify issue prior to, during hearing not depriving applicant of reasonable opportunity to present case-Question not whether applicant guilty as charged, and Board not so finding-Board concerned to decide only whether, on evidence, applicant establishing charges against him fabricated, revived for political reasons-If not, not constituting persecution-CRDD concluding applicant not establishing charges false based on evidence of applicant's political activism, including participation in demonstrations, strikes, often violent nature of protests in Bangladesh-No breach of duty of fairness.