Mohamud v. Canada ( Minister of Employment and Immigration )
A-614-92
Nadon J.
21/1/94
5 pp.
Application for judicial review of Convention Refugee Determination Division decision applicant not Convention refugee -- Applicant citizen of Somalia -- Claiming refugee status based on membership in particular social group i.e. Warsengali sub-clan of Darod tribe -- Board holding claimant's fear felt indiscriminately by all citizens of Somalia as consequence of civil war, and not felt exclusively by claimant because Darod -- Applicant submitting Board erred in law in holding in civil war context fear of persecution must be felt "exclusively" by claimant because Darod to qualify as Convention refugee -- Alleging misinterpretation of law enunciated in Salibian v. Canada (Minister of Employment and Immigration), [1990] 3 F.C. 250 (C.A.), which contemplates all citizens having well-founded fear of persecution in civil war context if fear related to other grounds in Convention refugee definition -- Application dismissed -- Degree of requisite targeting implied by Board no more specific than accepted in Salibian -- Indiscriminate fear insufficient -- Board must still be able to attribute fear of persecution to one of grounds enumerated in Immigration Act, s. 2 to declare applicant Convention refugee -- Evidence before Board of general and indiscriminate shelling, bombing of cities, villages in Somalia -- Board not convinced applicant in different position from that of all Somalis in Mogadishu by reason of membership in Darod tribe -- Decision should not be reviewed -- Abdi v. Canada (Minister of Employment and Immigration), A-871-92, Reed J., judgment dated 8/10/93, 3 pp., not yet reported, wherein negative decision of Refugee Division set aside, distinguished -- There Refugee Division holding no evidence before it demonstrating applicant and members of Warsengali sub-clan targeted by U.S.C. forces -- Trial Judge holding finding of "no evidence" made without regard to material before it, specifically two publications part of documentary evidence before Board tending to corroborate applicant's position -- Those documents not part of present record and could not be considered by Board -- Documentary record not containing any materials supporting applicant's position -- Immigration Act, R.S.C., 1985, c. I-2, s. 2 (as am. by R.S.C., 1985 (4th Supp.), c. 28, s. 1).