Federal court | Immigration
PERSON IN NEED OF PROTECTION
Decision was unreasonable as process of critical analysis not followed
Refugee claimant was Roman Catholic Christian citizen of Bangladesh who alleged fear of persecution by Muslim extremists. Claimant alleged that on way home from church he had been accosted by five Muslim men, one of whom had extorted money from him previous year. Claimant alleged that men identified themselves as being members of Muslim extremist group and that they threatened him and berated him for promoting Christianity and denigrating Islam. RPD found that men were only interested in extorting money from claimant, and that claimant lacked credibility because he had not sought advice or assistance from priest. RPD denied claim. Claimant applied for judicial review. Application granted; decision under review set aside and matter referred back for redetermination by differently constituted panel. Claimant had given clear, direct evidence that he did not seek assistance from priest because priests had suffered from getting involved in these disputes. RPD’s implausibility finding was unsupported speculation, and therefore decision under review was made in reviewable error that rendered it unreasonable. RPD was required to find what might reasonably be expected of Christian in Bangladesh who suffered incident of religious persecution and extortion by extremist Muslim men, make findings of fact about claimant’s response and conclude whether response conformed with what might be reasonably expected. As this process of critical analysis was not followed, decision was unreasonable.
Rozario v. Canada (Minister of Citizenship and Immigration) (Nov. 4, 2014, F.C., Douglas R. Campbell J., File No. IMM-4349-13) 247 A.C.W.S. (3d) 178.
Decision was unreasonable as process of critical analysis not followed
Refugee claimant was Roman Catholic Christian citizen of Bangladesh who alleged fear of persecution by Muslim extremists. Claimant alleged that on way home from church he had been accosted by five Muslim men, one of whom had extorted money from him previous year. Claimant alleged that men identified themselves as being members of Muslim extremist group and that they threatened him and berated him for promoting Christianity and denigrating Islam. RPD found that men were only interested in extorting money from claimant, and that claimant lacked credibility because he had not sought advice or assistance from priest. RPD denied claim. Claimant applied for judicial review. Application granted; decision under review set aside and matter referred back for redetermination by differently constituted panel. Claimant had given clear, direct evidence that he did not seek assistance from priest because priests had suffered from getting involved in these disputes. RPD’s implausibility finding was unsupported speculation, and therefore decision under review was made in reviewable error that rendered it unreasonable. RPD was required to find what might reasonably be expected of Christian in Bangladesh who suffered incident of religious persecution and extortion by extremist Muslim men, make findings of fact about claimant’s response and conclude whether response conformed with what might be reasonably expected. As this process of critical analysis was not followed, decision was unreasonable.
Rozario v. Canada (Minister of Citizenship and Immigration) (Nov. 4, 2014, F.C., Douglas R. Campbell J., File No. IMM-4349-13) 247 A.C.W.S. (3d) 178.
