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M. (W.G.) (Re) Immigration and Refugee Board

M. (W.G.) (Re)

Convention Refugee Determination Decisions
[1990] C.R.D.D. No. 434
No. T89-05868

Immigration and Refugee Board of Canada
Convention Refugee Determination Division
Toronto, Ontario

Panel:A. Sarzotti and G. Howson
Decision:August 15, 1990

Sudan (SDN) — Positive — Males — Country of origin conditions — Freedom of association — Persecution for political opinion — Political activities in exile — Political parties — Political activities.

Appearances:

Mr. Berger, for the claimant(s).
Mr. Waterhouse, Refugee Hearing Officer.

REASONS FOR DECISION

These are the reasons for the determination of the Refugee Division that the Claimant Mr. xxxxx is a Convention Refugee within the meaning of the Immigration Act. The reasons xxxxxxxxxxxxxxxxxxxxxxxx August 15, 1990. The Claimant was represented by Mr. Berger. The Refugee Division was assisted by M. Waterhouse, a Refugee Hearing Officer.

This is the decision of the Convention Refugee Division concerning the claim of xxxxxxxxxx xxxxxxxxxxxxx, a citizen of Sudan, to be a Convention Refugee. The hearing into his case was held on April xxxxxxxx, 1990 and on August xxxxxxxx, 1990, pursuant to Section 69.1 of the Immigration Act.

Mr. xxxxx was represented by Mr. Berger, Barrister and Solicitor, and the panel was assisted by Mark Waterhouse, a Refugee Hearing Officer. The evidence presented included the oral testimony of the Claimant and I should say, copious documentary evidence on the conditions prevailing in the Sudan. This panel, after considering the evidence which was summarized by Counsel for the Claimant in his submissions, has come to the decision that xxx, Mr. xxxxxxxxxxxxxxxxxxxxxxxx, have a well-founded fear of persecution should xxx be returned to Sudan.

We had some reservations, and we still have in our mind reservations concerning the reasons why xxx remained in the United States illegally at a time when xxxx government — xxxx party, xxxxxxxxxx was still in power in Sudan, and you had the possibility either to rectify xxxx situation or to return to xxxx country of nationality. However, through xxxx testimony, xxx xxxx convinced us that xxxxxxxx an active member of the Omar xxxxxxxxxx Party in Sudan, and that xxxx political activities had made xxx known both in Sudan and in the United States.

The political changes that have occurred in Sudan after xxxxxxx left the party make xxxxx refugee surplus. We have reached this decision concerning the documentary evidence that is before us, which proves beyond doubt that those who were active with the Omar xxxxxxxxxx Party risk persecution in Sudan and that this risk of persecution is more than a mere possibility.

In view of this fact, we find xxxxxxxxxxx good reasons to fear persecution xxxxxxx country, and therefore, we determine that xxxxxxx a Convention Refugee in the meaning of the definition of a Convention Refugee set out in the Immigration Act.

August 15, 1990, at Toronto.

“A. Sarzotti”
CONCURRED IN BY: “G. Howson”


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