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11 Tahir V Canada
11 Tahir V Canada
TAHIR HUSSAIN KHAN V CANADA NARRATES THAT HE HAS BEEN ARRESTED AND
Communication No. 15/1994 |15 Nov 1994 | SUBJECTED TO TORTURE AT LEAST 2 TIMES
Torture One of his arrests he narrates to have been hung from
Canada doesn’t believe in Risk the ceiling by the hand with a rope and is badly beaten.
For a week he was maltreated (cold showers, sleep
Communication Submitted by: Tahir Hussain Khan deprivation, being placed on ice-blocks).
Alleged Victim: (same)
Concerned: Canada TAHIR CLAIMS CANADA DID NOT LOOK INTO HIS
ALLEGATIONS AND CLAIM WHEN THEY DENIED
FACTS REFUGEE STATUS
TAHIR PAKISTANI Tahir claims that the Canadian authorities did not
Tahir Hussain Khan a citizen of Pakistan, currently address the facts he provided in their decision to not
residing in Canada claims that he is a victim of torture recognize him as a refugee.
and other cruel, inhuman or degrading treatment by
Canada. NARRATION OF FEAR OF RISK OF TAHIR
LEFT PAKISTAN REQUESTED THAT CANADA Tahir claims that he cannot return to Pakistan, because
CONSIDER HIM AS REFUGEE he risks persecution and attacks on his life; that he will
He left Pakistan when he was 27 years old and arrived in be immediately arrested at the airport, be detained and
Canada on August 15, 1990 and requested a residence tortured. He points to reports by Amnesty International
permit on the ground that he was a refugee. and Asia Watch and claims that evidence exists of
systematic torture by Pakistani authorities. He attaches
CANADA: NOPE, NOT A REFUGEE a supporting affidavit by a human rights lawyer, who
The Immigration and Refugee Board of Canada after testifies that demonstrations organized by the Baltistan
hearing, concluded that Tahir was not a refugee within Student Federation have been repressed by Pakistani
the meaning of the Refugee Convention. Tahir’s request authorities and that its leaders are at risk of being
to be allowed to stay in Canada for humanitarian reasons arrested or killed. He also attaches a copy of a letter,
was refused by the immigration authorities on May 10, dated 15 August 1994, from the Baltistan Student
1994. And his removal from Canada to Pakistan was Federation, in which the author is advised to remain in
ordered to be effectuated on July 17, 1994. Canada, since the circumstances under which an arrest
warrant was issued against him are still prevailing.
POLITICAL LIFE OF TAHIR
CANADA’S EXPLANATION
TAHIR PART OF A FEDERATION (ACTIVIST)
It is said that Tahir is a professional cricket player and is PROCESS OF DETERMINATION REFUGEE STATUS
an active member of the Baltisan Student Federation and Canada explains that the refugee determination process
supports the Baltisan movement to join Kashmir. is composed of 2 separate oral hearings both held before
independent, quasi-judicial administrative tribunals. On
The Baltistan Student Federation is associated with the both hearings , the claimants has the right to be
Jammu and Kashmir Liberation Front. The Baltistan area represented by counsel of their choice, and is afforded
is historically part of Kashmir but currently claimed by opportunity to present evidence, cross-examine
Pakistan as part of Pakistan. He claims that Pakistan has witnesses and make representations. If the panel thinks
denied the inhabitants of Baltistan their full political that there exists possible basis for success in the claim
rights and that the area is completely militarized. for refugee status, the claim proceeds to the second
The Pakistani authorities violently repress the hearing before the Refugee Division of the Immigration
movement for civil rights and independence and and Refugee Board. In the second hearing, the panel
individual activists are persecuted. In this context, Tahir examines whether the claimant met the definition of
states that a friend and co-activist was assassinated in ‘Convention refugee’. Claim would succeed if either of
August 1992. the panel is satisfied.