Saini v. Canada ( Minister of Employment and Immigration )
A-750-91
Mahoney J.A.
22/3/93
3 pp.
Appellant arrested, tortured several times in Punjab in India in connection with membership in All India Sikh Student Federation-Refugee Board concluding persecuted by authorities in Punjab and would be Convention refugee if no option but to flee India, but could have moved to another area in India and lived in safety i.e. had internal flight alternative (IFA)-While state governments of India have primary responsibility for maintaining law and order, Punjab administered by central government since May 1987-Authorities who arrested, detained, tortured appellant agents of central government-Appellant submitting person having well-founded fear of persecution by agents of central government in Punjab necessarily having well-founded fear of persecution by same agents everywhere in India-Arguing Refugee Division erred in finding IFA-Appeal dismissed-Refugee Division properly considered conditions in other parts of India and having evidence upon which entitled to find no reasonable chance appellant would be persecuted by agents of central government if settled outside Punjab.