Al-Busaidy v. Minister of Employment and Immigration

• Jurisdiction: Federal Jurisdiction (Canada)
• Court: Court of Appeal (Canada)
• Judge: Heald, Hugessen and Stone, JJ.A.
• Citation: (1992), 139 N.R. 208 (FCA)
• Date: 17 January 1992

Al-Busaidy v. MEI (1992), 139 N.R. 208 (FCA)

MLB headnote and full text

Talal Ali Said Al-Busaidy (applicant) v. The Minister of Employment and Immigration (respondent)

(A-46-91)

Indexed As: Al-Busaidy v. Minister of Employment and Immigration

Federal Court of Appeal

Heald, Hugessen and Stone, JJ.A.

January 17, 1992.

Summary:

The father of a Ugandan national was sought by a faction of the Ugandan military. After taking a man to the Kenyan border at his father's request, the son was tortured and threatened. The father was murdered. The Immigration and Refugee Board held there was no evidence the son was targeted because of his father and therefore there was no nexus between the son's persecution and his membership in a "particular social group". The son appealed.

The Federal Court of Appeal allowed the appeal.

Aliens - Topic 1322

Admission - Refugees - Grounds - Well- founded fear of persecution - A Ugandan national's father was sought by a faction of the Ugandan military - After taking a man to the Kenyan border at his father's re- quest, the son was tortured and threatened - The father was murdered - The Immi­gration and Refugee Board held there was no evidence the son was perse­cuted because of his father and therefore there was no nexus between the persecu­tion and the son's membership in a "par­ticular social group" - The son appealed - The Federal Court of Appeal allowed the appeal - There was cogent evidence that the son was targeted because of his father.

Aliens - Topic 1323.1

Admission - Refugees - "Particular social group" defined - [See Aliens - Topic 1322 ].

Statutes Noticed:

Immigration Act, R.S.C. 1985, c. I-2, sect. 2(1) [para. 7].

Counsel:

Richard Vanderkooy, for the applicant;

Kevin Lunney, for the respondent.

Solicitors of Record:

Posthumus & Abols, Toronto, Ontario, for the applicant;

John C. Tait, Q.C., Deputy Attorney Gen­eral of Canada, Ottawa, Ontario, for the respondent.

This case was heard at Toronto, Ontario, on January 17, 1992, before Heald, Huges­sen and Stone, JJ.A., of the Federal Court of Appeal. The decision of the court was delivered on the same date from the bench by Heald, J.A.