Date: 20020909
Docket: IMM-357-02
Neutral citation: 2002 FCT 947
BETWEEN:
GEORGE ALPHA KAMARA
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
TREMBLAY-LAMER J.:
[1] This is an application for judicial review of a decision of the Refugee Division of the Immigration and Refugee Board ("CRDD") dated January 7, 2002 wherein the CRDD found the applicant not to be a Convention refugee.
[2] The applicant, a citizen of Guinea, fears persecution at the hands of the Government of Guinea because of his race and nationality (he is of Guinean-Vietnamese (Malinke) descent) and because of his political opinion (he is a member of the Rally for the Guinean People (RGP)).
[3] The applicant is a freelance photographer. He first met the leader of the RGP, Alpha Condé, in November 1996. It was during this encounter that the applicant tape-recorded a short discussion that he had with Condé, and took some photographs of him, three of which included the applicant. After this encounter, the applicant became a member of the RGP. However, his activities within the party remained limited.
[4] In April 2000, the applicant was involved in a protest against Condé's arrest and detention. The applicant believes that it was during this protest that the authorities noticed him.
[5] In July 2000, the applicant was advised by his mother not to return home because the police were searching for him. The applicant claims that they visited his home on three occasions, eventually breaking down the door to his room and seizing his tapes, films, magazines and photo albums which included the photos of Condé. The applicant also states that his father was hit, handcuffed, and taken away by the police.
[6] On July 19, 2000, the applicant's brother advised him that the authorities believed he had incriminating photos relating to Condé's period of detention, and that he was attempting to sell them to the foreign press.
[7] On July 21, 2000, the applicant learned that his brother had been arrested for complicity.
[8] Fearing for his safety, the applicant left the country on July 22, 2000 with the help of his uncle. He claimed refugee status as soon as he arrived in Canada.
[9] The CRDD found that the applicant took part in only low profile activities for the RGP, and that although documentary evidence indicated that high profile activists in the RGP had been targeted, the applicant's profile did not accord with the profile of persons at risk in Guinea today and thus, his fear of persecution was not well-founded.
[10] The applicant argues that the CRDD misinterpreted the evidence in stating that only high profile and senior RGP members are targeted in Guinea. I agree.
[11] After a careful review of the documentary evidence, I could not find any evidence that would support a conclusion that only high profile senior RGP activists were targeted. This element was central to the applicant's claim and it is clear that this determination by the CRDD was not supported by the evidence.
[12] Consequently, the application for judicial review is allowed. The matter is referred back for redetermination by a differently constituted panel.
"Danièle Tremblay-Lamer"
J.F.C.C.
EDMONTON, ALBERTA
September 9, 2002.
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: IMM-357-02
STYLE OF CAUSE: GEORGE ALPHA KAMARA V. MCI
PLACE OF HEARING: EDMONTON, ALBERTA
DATE OF HEARING: SEPTEMBER 9, 2002
REASONS FOR ORDER OF: THE HONOURABLE MADAM JUSTICE TREMBLAY-LAMER
DATED: SEPTEMBER 9, 2002
APPEARANCES:
Simon K. Yu FOR APPLICANT
Kerry Franklin FOR RESPONDENT
SOLICITORS OF RECORD:
Simon K. Yu, Barrister & Solicitor
Edmonton, AB FOR APPLICANT
Morris Rosenberg, Deputy Attorney General of Canada FOR RESPONDENT
Ottawa, ON