Kahlon v. King
IMM-532-93
Gibson J.
5/8/93
8 pp.
Application to quash Convention Refugee Determination Division (CRDD) decision applicant not Convention refugee as having viable internal flight alternative (IFA) -- Claimant, citizen of India, living in Punjab state -- Member of Sikh religion -- Fearing persecution in India based on religious faith -- In 1990 claimant and three others detained, interrogated, threatened, beaten by Punjab police -- Released upon employer's intervention -- Other three killed -- Again detained in 1991 -- Brother disappearing in 1992 after seized by agents of central government -- Authorities failing to investigate -- Left India under normal exit procedures -- Claiming refugee status upon arrival in Canada -- While CRDD accepted unrealistic for applicant to return to Punjab, holding no persecution of Sikhs in general, or of young Sikh men outside of Punjab -- Finding no serious possibility of persecution outside Punjab -- Application allowed -- CRDD failing to properly apply test for examination of IFA as enunciated in Rasaratnam v. Canada (Minister of Employment and Immigration), [1992] 1 F.C. 706 (C.A.) and refined by Sabaratnam v. Canada (Minister of Employment and Immigration), [1992] 3 F.C. D-49 (C.A.), in that failed to apply test by reference to Sikhs from Punjab similarly situated to applicant -- Circumstance particular to applicant history of arrests, beating in Punjab, at hand of Central Reserve Police.