Bhatti v. Canada ( Secretary of State )
A-89-93
Jerome A.C.J.
14/9/94
5 pp.
Application for judicial review of decision by Immigration and Refugee Board denying applicants Convention refugees status -- Applicants claiming refugee status upon arrival in June 1991, fearing persecution from Pakistani authorities as members of Ahmadi faith -- Although claims based on same material facts, Board granting Convention refugee status to husband only-Limiting protection to claimants showing direct fear of persecution-Principle of family unity requiring persons granted refugee status should not be separated from closest family members, particularly in situation of dependency -- Board wrong in failing to consider whether principle of "indirect persecution" applicable herein -- Concept of indirect persecution assuming family members likely to suffer great harm where close relatives persecuted-Recognized in Canadian refugee law -- Allowing granting of refugee status to those who might otherwise be unable to individually prove well-founded fear of persecution -- Board wrong in failing to consider adverse effects caused to applicants by husband's persecution -- Required to consider whether circumstances such that applicants also deserving of protection -- Application allowed.