Naguleswaran v. Canada ( Minister of Citizenship and Immigration )
IMM-1116-94
Muldoon J.
19/4/95
7 pp.
Application for judicial review of Convention Refugee Determination Division (CRDD) decision denying applicant Convention refugee status -- In dismissing application, Trial Judge commenting upon Linden J.A. dicta: beating of suspects can never be considered "perfectly legitimate investigations" (Thirunavukkarasu v. Canada (Minister of Employment and Immigration), [1994] 1 F.C. 589 (C.A.))-Perfectly civil Canadian notions cannot always be intelligently practised in countries beset by civil war and terrorism -- In domestic Canadian investigations ordinary fabric of society remaining intact thus permitting investigators to gather information and evidence unimpeded by terrorist intimidation of population -- Such not case in countries combatting terrorism while coping with civil war -- Western concepts of administration of justice will not work in other countries where population not enjoying freedoms exercised in Canada in normal times.