Nizar v. Canada ( Minister of Citizenship and Immigration )
A-1-92
Reed J.
10/1/96
6 pp.
Application to set aside Immigration and Refugee Board's decision applicant not Convention refugee-Board defining persecution as systematic denial of basic human rights- Proper test for persecution applied-Linkage to applicant's situation not close enough for Board's treatment of events to be erroneous-Board not ignoring relevant evidence-Not wrong in choosing to place great weight on one source without reference to other material before it-Case of national, case of stateless person distinguished-Board finding applicant's claim based on unwillingness to return- Board's error not arising from misunderstanding of difference between position of national and that of stateless person-Difficulty arising from Board's reliance on case law existing prior to Supreme Court's decision in Canada (Attorney General) v. Ward, [1993] 2 S.C.R. 689-Relevant for stateless person having country of former habitual residence to demonstrate de facto protection within that state, as result of being resident there, not likely to exist- Effectiveness or ineffectiveness, willingness or unwillingness of state to protect resident relevant-Board incorrect in stating need not assess risk of persecution at hands of applicant's fellow Palestinians because no state complicity-Board's decision set aside.