Shahid v. Canada ( Minister of Citizenship and Immigration )
IMM-6907-93
Noël J.
15/2/95
11 pp.
Judicial review of CRDD decision applicant not Convention refugee and situation not falling within exception in Immigration Act, s. 2(3) -- S. 2(3) providing person not ceasing to be Convention refugee if establishing compelling reasons arising out of any previous persecution for refusing to avail himself of protection of country left -- Applicant citizen of Pakistan -- Claiming fear of persecution based on political opinion, membership in particular social group, Pakistan People's Party (PPP) -- Twice kidnapped, tortured allegedly by political enemies -- House set on fire, shot at -- Parents moving back to native village -- CRDD finding no reasonable risk government authorities or anyone else in Pakistan would seek him in parents' family village -- Also finding situation not falling within s. 2(3) as no compelling reasons preventing claimant from returning to country -- CRDD holding s. 2(3) only applying to those who personally suffered atrocious circumstances from country authorities, such circumstances related to situation where general population co-responsible with government authorities for harm caused to person persecuted -- Application allowed -- In Canada (Minister of Employment and Immigration) v. Obstoj, [1992] 2 F.C. 739 (C.A.), Hugessen J.A. stating s. 2(3) requiring Canadian authorities to give refugee status on humanitarian grounds to those who have suffered such appalling persecution that their experience alone is compelling reason not to return them, even though they may no longer have any reason to fear further persecution -- Having regard to Obstoj and Hassan v. Minister of Employment and Immigration (1994), 77 F.T.R. 309 (F.C.T.D.) Board erred in construing s. 2(3) as requiring ongoing fear of persecution -- Once embarked upon assessment of applicant's claim under s. 2(3), Board had duty to consider level of atrocity of acts inflicted upon applicant, repercussions upon physical, mental state, and determine whether this experience alone constituted compelling reason not to return him to country of origin -- Board failed to do so -- Immigration Act, R.S.C., 1985, c. I-2, s. 2(3) (as am. by R.S.C., 1985 (4th Supp.), c. 28, s. 1).