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A.B. v MCI 2009 FCJ 386 Religious Persecution

July 10, 2010 by lorne

Jurisprudence Brief: 
The Court set aside the decision of the PRRA officer noting: 25 In general terms, counsel for the respondent simply rejects the notion that there is any conflict between the lines of authority just cited. With great respect, I disagree. There can be no question that a citizen of a country like Iran who rejects Islam, whether or not he or she adopts another religion, is put at risk if required to return to Iran. The late Justice Rouleau and Justice Phelan and perhaps, certainly less directly, others cited on behalf of the applicant, expressed a view that that is not the end of the matter. Even assuming that an individual who has rejected Islam, if required to return to Iran, will remain discreetly silent on that rejection, I am satisfied that he or she may well remain at risk of persecution if the circumstances are such that his or her rejection of Islam might come to the attention of state authorities. That risk was simply not addressed by the Officer on the facts of this matter.
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