Saim v. Canada ( Minister of Citizenship and Immigration )
IMM-1914-97
Dubé J.
4/6/98
6 pp.
Three applicants, citizens of Algeria, claiming refugee status alleging well-founded fear of persecution in Algeria by reason of political opinion and membership in particular social group-Principal applicant military engineer and captain in Algerian army deserting from army and staying in France after four years of study to complete Ph.D. before coming to Canada-Panel rejecting claim on ground claimant not credible with respect to major elements of claim-Application for judicial review of decision allowed-Some major elements beyond panel's general knowledge and not open to panel to make determination on major elements without further evidence-Furthermore, panel apparently overlooked grounds for claim of female applicant, personal fear, though claim linked to husband's, being based on membership in particular social group, namely wives of Algerian soldiers-Female applicant fearing GIA Islamists "who torture, kill and rape the wives of soldiers because they are soldiers' wives"-Female applicant also belonging to Francophone culture encouraging liberation and refusal to submit to Islamists' view of women-Document entitled "Algeria: Political and Human Rights Update" appearing to support fear.