Bindra v. Canada ( Minister of Employment and Immigration )
A-208-92
Décary J.A.
17/12/92
4 pp.
Application to set aside finding of credible basis tribunal -- Applicant, Sikh pharmacist, fleeing India in 1984 -- Testifying police and mob harassment of Sikhs occurring in all major cities in India and could not think of going elsewhere -- Indicating situation worse now -- Credible basis tribunal (access tribunal) holding no evidence of ongoing daily mob violence throughout India; many other areas of India where could live in relative safety -- Application allowed -- Access tribunal having jurisdiction to consider issue of internal flight alternative: Virk v. Canada (Minister of Employment and Immigration), A-863-90, Linden J.A., judgment dated 14/2/92, 8 pp., not yet reported -- Jurisdiction limited to deciding whether evidence impossible for Refugee Division to allow claim -- Burden on Minister to prove internal flight alternative -- Not easy burden at second level and even more difficult at first level -- Access tribunal applied wrong test in imposing burden on applicant not his to assume -- Ignored credible and trustworthy evidence i.e. applicant's testimony internal flight alternative uncertain -- Assessment of evidence leading access tribunal to conclusion applicant could live in relative safety in India outside Punjab.