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CITIZENSHIP AND IMMIGRATION

Status in Canada

Convention Refugees

Dhar v. Canada (Minister of Citizenship and Immigration)

IMM-6226-99

Denault J.

22/8/00

5 pp.

Application for judicial review of decision of Immigration and Refugee Board applicant not Convention refugee--Applicant, citizen of Bangladesh, claimed to have well- founded fear of persecution in her country because of religion (Hindu religion), gender--On October 1, 1998, applicant kidnapped at gun point by group of Muslim fundamentalists while on her way with father to Hindu religious ceremony--Arrived in Canada in March 1999, claimed refugee status at airport--Board rejecting applicant's claim on basis of lack of credibility--Unreasonable for Board to focus on omissions of details without even mentioning reasons for such omissions--Not only did Board's members not examine in decision reasons for such omissions, but they also ignored documentary evidence which corroborated parts of applicant's claim--Ignoring such evidence reviewable error--Application allowed.

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