Kwong v. Canada ( Minister of Citizenship and Immigration )
IMM-3464-94
Cullen J.
1/5/95
5 pp.
Application for judicial review of Refugee Division (the Board) decision applicant not Convention refugee -- Applicant, citizen of China, claiming well-founded fear of persecution based upon political opinion -- Applicant security guard at abortion and sterilization hospital for women violating government one-child policy -- Applicant aiding women to escape -- Applicant interrogated, detained and beaten with respect to escape -- Applicant going into hiding -- Authorities searching applicant's home every few days-Although Board finding applicant credible, Board holding authorities seeking to punish not for political opinion but rather for dereliction of duty -- No evidence of dereliction of duty presented to Board, i.e. applicant not testifying punishment resulting from failure to perform as security guard -- Where Board explicitly finding applicant credible, it cannot then choose to ignore his testimony and make contrary findings -- Board incorrectly relying on precedent -- Board failing to consider persecution from proper perspective i.e. proper issue whether applicant perceived as holding political opinion for which persecuted by state, not whether woman applicant escapees would be perceived as holding such opinion -- Board erring in law by drawing inferences in contradiction to evidence -- Application allowed.