El-Naem v. Canada ( Minister of Citizenship and Immigration )
IMM-1723-96
Gibson J.
17/2/97
10 pp.
Application for judicial review of CRDD decision applicant, citizen of Syria, not Convention refugee-Claimed refugee status based on fear of persecution by reason of political opinion or membership in particular social group: members of family and extended family being active supporters of Muslim Brotherhood-Latter organization subjected to brutal repression in Syria-Fifteen members of extended family arrested and held in detention-Brother arrested and summarily executed-Applicant himself detained number of times, twice arrested and tortured-Fled country and stayed in Greece for one year before coming to Canada-Called up for military service in Syria-On totality of evidence herein, inferences drawn by CRDD, that Syrian officials regarded applicant as himself having links to Muslim Brotherhood establishing him as member, supporter or suspected supporter of organization could not reasonably have been drawn-Court's intervention therefore warranted-CRDD's negative inference on applicant's one-year stay in Greece not justified (CRDD found it blatantly inconsistent with any well-founded fear of persecution)-Applicant's explanation therefor (afraid of being returned to Syria by reason of illegal presence in Greece) not unreasonable-CRDD erred in reviewable manner in determining applicant's refugee claim could not succeed by reason of inferences drawn from sojourn in Greece-Application for judicial review allowed.