CITIZENSHIP AND IMMIGRATION
Status in Canada
Convention Refugees
Judicial review of decision by Immigration and Refugee Board (IRB) rejecting applicant’s request for asylum as Convention refugee, person in need of protection—Applicant born in Tehran, Iran, Shia Muslim until 2004—Baptized as member of Mormon Church while in Vancouver on visitor’s visa in August 2004—Could face imprisonment, death, should he return to Iran—IRB stating assessment of refugee sur place claim requiring examination of claimant’s motives leading to conversion—Articulation of test in sur place claim incorrect—In refugee sur place claim necessary to consider credible evidence of activities in Canada, independently from motives for conversion—Articulation of incorrect test, conduct of assessment of applicant’s sur place claim reviewable error—Application allowed.
Ejtehadian v. Canada (Minister of Citizenship and Immigration) (IMM-2930-06, 2007 FC 158, Blanchard J., order dated 12/2/07, 6 pp.)