Randhawa v. Canada ( Minister of Employment and Immigration )
IMM-5540-93
Simpson J.
31/3/95
6 pp.
Application for judicial review of Board's decision applicant had well-founded fear of persecution and would, but for art. 1(F)(a) of United Nations Convention, be Convention refugee -- Applicant, Sikh dissident, voluntarily joined Punjab State Police Force -- Close to activities of torturing, murdering suspects in course of investigations -- Whether evidence supports Board's finding applicant had knowledge of torture and murder, shared common purpose with fellow police officers such as to be regarded as accomplice -- No doubt applicant had knowledge people being tortured, abused -- No evidence of participation in any abuse or torture -- No evidence before Board about why applicant had not resigned -- No common purpose -- Mere membership not enough -- Applicant consistently objecting to abuse and refusing to participate -- No personal involvement in any of activities -- Board's finding applicant accomplice perverse -- Application allowed -- United Nations Convention Relating to the Status of Refugees, July 28, 1951, [1969] Can. T.S. No. 6, art. 1(F)(a).