Canada Immigration Caselaw Canada v Khedri ,IMMIGRATION — Selection and admission — Permanent residence applications, Joy Stephen, Polinsys

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Canada (Minister of Citizenship and Immigration) v. Khedri

IMMIGRATION — Selection and admission — Permanent residence applications

Applicant had spouse and five children who would be accompanying him to Canada — Applicant was refused permanent residence as member of Convention refugee abroad class or country asylum class — Officer was not satisfied that applicant had well-founded fear of persecution based on Convention ground — Officer was not satisfied that applicant would be targeted in every region of country or that he had explored any other solutions — Officer was not satisfied that applicant did not have durable solution — Applicant sought judicial review — Application granted — Decision and CAIPS notes did not contain any reference to or assessment of applicant’s personal circumstances, statutory requirements, or country conditions in relation to country of asylum class — Considerations for convention refugee abroad and country of asylum class situations were different, so reasons officer gave with regard to claim under convention refugee abroad class could not be used to supplement decision under country of asylum class — Finding applicant was not refugee was reasonable — There was little evidence other than applicant’s own testimony to suggest applicant fled due to any political motivation — Making police report and resisting criminality did not necessarily impute political opinion — Applicant’s situation was reasonably characterized as fear of criminality

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