CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Convention Refugees |
Donboli v. Canada (Minister of Citizenship and Immigration)
IMM-3013-02
2003 FC 883, Dawson J.
16/7/03
6 pp.
Applicant, 63-year-old citizen of Iran, seeking judicial review from decision of Convention Refugee Determination Division of Immigration and Refugee Board (CRDD) finding applicant not Convention refugee--Applicant claiming fear of persecution in Iran on basis of political opinion, having left Iran illegally--In Valentin v. Canada (Minister of Employment and Immigration), [1991] 3 F.C. 390, Federal Court of Appeal held punishment for illegal exit from country not in itself basis for well-founded fear of persecution, when punishment arises out of law of general application-- However, where proper evidentiary basis exists necessary to consider whether excessive or extra-judicial punishment for illegal exit could constitute reasonable basis for well-founded fear of persecution--United States Department of State Report in evidence before CRDD documented poor human rights record of Iran--Report observed "systematic abuses include extra-judicial killings and summary executions", "prison conditions are harsh", "only 8.2 square feet of space available for each prisoner"--On basis of report, CRDD erred in law in failing to consider whether applicant would risk severe or extra-judicial treatment at hands of repressive regime as result of applicant's illegal exit from country and failed refugee claim--Error underscored by panel's questionable observation that applicant "has good cover story to tell Iranian border police"--Such suggestion demonstrates failure of CRDD to properly consider risk applicant would be exposed to on return to Iran--Not persuaded CRDD did assess risk of extra-judicial punishment--Judicial review allowed.