Badran v. Canada ( Minister of Citizenship and Immigration )
IMM-2472-95
McKeown J.
29/3/96
6 pp.
Judicial review of CRDD decision applicant not Convention refugee-Applicant, citizen of Egypt, fearing persecution on ground of membership in particular social group i.e. children of police officers who are anti-terrorist supporters-Terrorists contacting applicant, father, at home, calling out applicant's name prior to spraying bullets in his direction, setting bomb under vehicle-Board finding applicant's testimony credible as to incidents, but finding no failure of state protection-Board also stating inability to identify, locate or arrest those responsible for assaults not based on any of Convention reasons-Application allowed-Law not requiring inability to protect be connected to Convention reason-Reference to Smirnov v. Canada (Secretary of State), [1995] 1 F.C. 780 (T.D.) wherein Gibson J. stating random assaults difficult to effectively investigate, protect against-Attacks herein not random as applicant specifically, directly targeted in each incident by Muslim Brotherhood in revenge against father-Egypt taking steps to deal with terrorist activities as exist generally, but applicant specifically targeted by terrorist group in Egypt and authorities unable to provide protection in any of incidents experienced by him-Documentary evidence suggesting recently children of police officers attacked, murdered-Usually inability to protect against random terrorist attacks not constituting inability of state to protect-But Canada (Attorney General) v. Ward, [1993] 2 S.C.R. 689, Mendivil v. Canada (Secretary of State) (1994), 23 Imm. L.R. (2d) 225 (F.C.A.) setting out limited exception where past personal incidents may qualify individual as member of particular social group which state unable to protect-Specifically, directly targeted applicant who is member of small targeted group distinguishing case from most cases involving random incidents of terrorism.