Antonio v. Canada ( Minister of Employment and Immigration )
IMM-1072-93
Nadon J.
27/9/94
16 pp.
Judicial review of CRDD decision applicant, Angolan, not Convention refugee-Relaying information received as telex agent with governmental telecommunications facility re: government troop (MPLA) locations to rebels-Arrested, sentenced without trial to execution for spying, but escaped-Upon arrival in Canada, claimed Convention refugee status-CRDD concluding no well-founded fear of persecution as punishment justifiable "prosecution" for applicant's deliberate sabotage of MPLA's information network-Also referring to change in country conditions since applicant left Angola in that ceasefire treaty signed, human rights conditions improved significantly-Application dismissed-(1) Board's conclusion applicant fearing prosecution for politically motivated acts, versus persecution for political opinions not reviewable-As no evidence before Board applicant manifesting political opinions prior to providing information to rebels, no political opinions in respect of which authorities seeking to punish him-On evidence Board's conclusion not perverse, capricious, or without regard to evidence-(2) Death penalty or execution for treason not persecution-(3) Board's finding applicant criminal for divulging troop location information not perverse-Applicant alleging catch-22 predicament as either guilty of espionage or crime against humanity if participated without resistance in government's war against rebels-Debatable whether latter war crime-(4) Board's decision on country changes open to it on record-Proposed questions not certified.