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Owjee v. Canada

Indexed as:
Owjee v. Canada
(Minister of Employment and Immigration)
(F.C.A.)

Between
Rahman Owjee, Appellant, and
The Minister of Employment and Immigration, Respondent

[1993] F.C.J. No. 423
DRS 94-02404
Appeal No. A-508-90

Federal Court of Appeal
Toronto, Ontario
Isaac C.J. and Stone and Linden JJ.

Heard: May 5, 1993
Judgment: May 5, 1993
(3 pp.)

Aliens — Immigration — Refugees — Board’s findings — Administrative law — Judicial review.

Application for judicial review. The applicant sought refugee status on the basis that he was being persecuted in his homeland in Iran because of perception on the part of state authorities that he had persistently printed anti-government propaganda in his shop. The Board found that none of the other 20 shops located in the town were ever targeted. The evidence of the applicant was that there was only one shop that was not targeted.

HELD: Application allowed. The Board’s findings were based on a misapprehension of the evidence before it. The matter was remitted to a differently constituted Board.

Max Berger, for the Appellant.
Sally Thomas, for the Respondent.


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