Sagharichi v. Canada ( Minister of Employment and Immigration )
A-169-91
Marceau J.A.
5/8/93
3 pp.
Appeal from Immigration and Refugee Board decision applicant not Convention refugee -- Testimony reciting incidents of discrimination, possibly harassment, but Board holding not serious or systematic enough to be characterized as persecution, or to lead to conclusion serious possibility of persecution in future -- Appeal dismissed -- Dividing line between persecution and discrimination or harassment difficult to establish, particularly since findings discrimination may amount to persecution in refugee law context -- Identification of persecution behind incidents of discrimination or harassment not purely question of fact, but mixed question of law and fact, involving legal concepts -- Board must draw conclusion in particular factual context by proceeding with careful analysis of evidence adduced and proper balancing of various elements contained therein -- Court's intervention not warranted unless Board's conclusion capricious or unreasonable -- Board's conclusion in factual context not capricious or unreasonable.