Canada Immigration Case-law Cruze c. Canada, IMMIGRATION — Refugee status — Procedure Editorial Canada Immigration, Caselaws, immigration, Procedure, Refugee status Leave a Comment

Judgement of this case: Click Here!

IMMIGRATION — Refugee status — Requirements — Applicant was Bangladeshi Christian who worked as head chef at hotel — Applicant claimed to have been harassed and threatened by H who was subordinate chef and union leader — Applicant came to Canada on temporary work permit and when it expired brought refugee claim — Refugee Protection Division (RPD) dismissed application — Refugee Appeal Division (RAD) decided that RPD correctly decided that delay in making refugee claim undermined applicant’s credibility, that he should have included accusation of blasphemy in Personal Information Form, and that if actually persecuted for religious beliefs he would have discussed matter with other Christians from Bangladesh — RAD concluded persecution was not based on religion but H’s desire to take applicant’s job, and having succeeded in driving applicant away applicant was no longer in danger from H — Application for judicial review granted — While true that delay in filing asylum application is an element that may be considered in assessing credibility it is not true that asylum application should be first resort — If claimant unable to give satisfactory reasons for delay, it may be decisive — RAD should have taken into account applicant’s social and cultural background rather than apply North American logic and reasoning — RAD did not seem to consider documentary evidence that religious minorities in Bangladesh are often targeted by Muslim extremist militant groups — Necessary for RAD to make thorough examination of asylum application because of possibility of real risk of persecution

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