Osman v. Canada ( Minister of Employment and Immigration )
A-1245-92
Gibson J.
25/11/93
6 pp.
Application for judicial review of decision by Convention Refugee Determination Division (CRDD) applicant not Convention refugee within meaning of Immigration Act -- Applicant, Palestinian born in Lebanon, claiming Convention refugee status based on well-founded fear of persecution by reason of religion, nationality and political opinion -- Documentary evidence indicating ongoing persecution against Palestinians since onset of "peaceful conditions" under new Lebanese government -- CRDD making finding of fact without due regard to material before it -- Erring in law in cavalier treatment of evidence of applicant's expert witness in absence of citation of cogent evidence to contrary -- Also erring in law in conclusion regarding impact of changed country circumstances -- State complicity not essential element of persecution within context of Convention refugee status -- Application allowed -- Immigration Act, R.S.C., 1985, c. I-2.