Ahmad v. Canada ( Solicitor General )
IMM-7180-93
Teitelbaum J.
14/3/95
8 pp.
Application for judicial review of decision of Convention Refugee Determination Division (tribunal) finding that respondent not Convention refugee -- Applicant, citizen of Pakistan, of Ahmadi religion, claimed had been victim of harassment, intimidation and discrimination by reason of religion for fourteen years -- Tribunal had found applicant did not discharge burden of showing objective basis for subjective fear of persecution (Rajudeen v. Canada (Minister of Employment and Immigration) (1984), 55 N.R. 129 (F.C.A.); Adjei v. Canada (Minister of Employment and Immigration), [1989] 2 F.C. 680 (C.A.)) -- Issue turned first on distinction between discrimination and persecution-Distinction rested entirely on evidence presented to tribunal and latter empowered to draw conclusions on evidence as whole (Sagharichi v. Canada (Minister of Employment and Immigration), [1993] F.C.J. No. 796 (C.A.) (QL); Kwiatkowsky v. Minister of Employment and Immigration, [1982] 2 S.C.R. 856) -- Further, according to Sagharichi, Court's intervention only justified if conclusion reached in capricious or unreasonable manner -- Although in certain circumstances systematic harassment may constitute persecution, occurrences must be serious or systematic enough to amount to reasonable fear of persecution -- Seriousness of act certainly question of fact and of weighing evidence, and clearly within powers of tribunal (Ihaddadene v. Canada (Minister of Employment and Immigration), [1993] F.C.A. No. 756 (C.A.) (QL))-Tribunal's decision occurrences periodic rather than systematic reasonable and does not require intervention by Court -- Application dismissed.