Ahmad v. Canada ( Minister of Employment and Immigration )
A-555-92
Rothstein J.
17/6/94
9 pp.
Application for judicial review of Immigration and Refugee Board, Refugee Division panel decision no basis for applicant's fear of persecution -- Applicant coming to Canada from Pakistan in 1991 -- Member of Ahmadiyya Movement -- Alleging systematic discrimination, persecution of Ahmadis arising from Ordinance XX adding new sections to Pakistan Penal Code providing Ahmadis and members of Quadiani and Lahori groups, who refer to non-Muslim persons with certain names or who pose as Muslims, or in any way outrage religious feelings of Muslims liable to imprisonment for up to three years -- Panel holding Ordinance discriminatory, but not persecution -- Holding Ordinance not issue in claimant's family, nothing in material indicating mass exodus of Ahmadis from Pakistan -- Stating familiar with Pakistani cases and Ordinance XX and wanted to hear applicant's personal problems as Ahmadi -- Chairman stating panel would not rule on basis of applicant's membership in particular social group solely, without hearing testimony and deciding on particular circumstances of applicant's case -- Applicant submitting panel not permitting opportunity to base case on ground Ordinance XX constituting per se persecution of Ahmadis -- Application allowed -- Panel depriving applicant of opportunity to advance case on basis of persecutory nature of Ordinance XX towards Ahmadis in Pakistan and therefore breaching rules of procedural fairness -- Validity of approach based on persecutory nature of law of general application recognized in Zolfagharkhani v. Canada (Minister of Employment and Immigration), [1993] 3 F.C. 518 (C.A.) -- Onus on applicant to show laws of general application persecutory -- Panel's approach precluding applicant from satisfying onus -- Majority of refugee cases decided on basis of particular circumstances, but panel cannot preclude reliance solely on persecutory nature of law of general application to particular group -- Erred in dismissing documentary evidence stating entire population of Rabwah charged with violation of Ordinance XX as no evidence any action taken on charges -- Charges giving credence to claim being Ahmadi in Pakistan giving rise to reasonable apprehension of persecution as result of Ordinance XX -- Conclusion mere possiblity of persecution if applicant returning to Pakistan error in law as not following from documentary evidence of Ahmadis being beaten, attacked by mobs -- Other panels of Immigration and Refugee Board finding Ahmadis to be Convention refugees because of persecutory laws in Pakistan -- Where other panels finding law of general application in Pakistan in relation to Ahmadis persecutory, desirable for panel coming to different conclusion to distinguish previous decisions.