Njoko v. Canada ( Minister of Employment and Immigration )
A-1698-92
Jerome A.C.J.
25/1/95
3 pp.
Application to set aside Convention Refugee Determination Division (CRDD) decision rejecting claim for Convention refugee status -- Applicants, citizens of Zaire, claiming Convention refugee status on basis of well-founded fear of persecution by reason of political opinion and membership in political social group following sexual assault and resulting pregnancy during incarceration -- CRDD finding sexual assault of political detainees by government agents constituting acts of private violence and thus not amounting to persecution (finding)-Finding requiring evidence government not tolerating such abuse and diligently prosecuting perpetrators -- Documentary evidence before CRDD revealing: (1) no mechanism in place to discourage such acts of abuse; and, (2) agents of government actively engaging in perpetration of human rights abuses towards political opponents-CRDD decision direct result of misinterpretation of Convention refugee definition and its improper application -- No evidence supporting CRDD finding applicants not likely to be apprehended upon return to Zaire by reason of their escape from prison-Evidence Mobutu regime condoning human rights abuse towards political dissidents contradicting CRDD conclusion applicant not facing reasonable chance of persecution in hands of authorities-Application allowed.