Ali v. Canada ( Minister of Citizenship and Immigration )
A-772-96
Décary J.A.
12/1/99
3 pp.
Question at issue in appeal under Immigration Act, s. 83 appeal certified by McKeown J. (1996), 119 F.T.R. 258: are refugee claimants excluded from definition of Convention refugee if all groups in country, including group of which claimants members, both victims, perpetrators of human rights violations in context of civil war?-Parties agreeing question answered in negative-Question as posed implying rationale adopted by neither Board nor Motions Judge nor counsel-Answer cannot be determinative of case-Test for persecution in civil war context set out in Salibian v. Canada (Minister of Employment and Immigration), [1990] 3 F.C. 250 (C.A.); Rizkallah v. Canada (Minister of Employment and Immigration) (1992), 156 N.R. 1 (F.C.A.)-Test described as non-comparative approach by Chairperson of Immigration and Refugee Board in Guidelines issued on March 7, 1996 pursuant to Immigration Act, s. 65(3)-Guidelines, addressing "refugee claims related to civilian noncombatants fearing persecution in civil war situations", stating non-comparative approach more in accord with third principle set out in Salibian, Rizkallah-With this approach, instead of emphasizing comparison of level of risk of persecution between claimant, other individuals (including individuals in claimant's own group) or other groups, Court examining claimant's particular situation, that of her group, in manner similar to any other claim for Convention refugee status-Issue whether claimant's risk one of sufficiently serious harm, linked to Convention reason as opposed to general indiscriminate consequences of civil war-Claimant should not be labelled as "general victim" of civil war without full analysis of personal circumstances, and that of any group to which belongs-Using non-comparative approach resulting in focusing of attention on whether claimant's fear of persecution by reason of Convention ground-Board's decision made before issuance of Guidelines-Essentially applied proper test-No ground for judicial intervention-Appeal dismissed-Immigration Act, R.S.C., 1985, c. I-2, ss. 65(3) (as am. by S.C. 1992, c. 49, s. 55), 83 (as am. idem, s. 73).