Tawfik v. Canada ( Minister of Employment and Immigration )
93-A-311
MacKay J.
23/8/93
5 pp.
Application for judicial review of Immigration and Refugee Board decision applicant not Convention refugee -- Applicant, citizen of Iraq, of Kurdish origin, claiming Convention refugee status on basis of fear of persecution in homeland -- Board finding Internal Flight Alternative (IFA) open to applicant in northern Iraq under control of Kurds -- Applicant having no fear of persecution by fellow Kurds -- Board concluding applicant could return to northern Iraq (Kurdistan) without fear of persecution by authorities there -- Conclusion based on assessment of change in circumstances in Iraq since applicant fled -- Board not ignoring evidence before it -- Conclusions from that evidence cannot be said to be unreasonable -- Conclusions reached by Board open to it in proper exercise of discretion in considering evidence before it -- Board's decision cannot be said to be based on findings of fact made in perverse or capricious manner, or without regard to material before it -- Application dismissed.