In what circumstances will a plaintiff have to prove that he was subject to past persecution?
Canada (Federal), Canada
The following excerpt is from Shanmuganathan v. Canada (Minister of Citizenship and Immigration), 2000 CanLII 15948 (FC):
In Sheikh v. M.E.I., 1990 CanLII 8017 (FCA), [1990] 3 F.C. 238, MacGuigan J.A. added at 246: I should also add that I do not interpret the panel's reference to the absence of past persecution as amounting to a requirement of past persecution to establish the objective element of his claim, viz. that his fear was well-founded, rather the panel was merely noting an absence of relevant evidence.
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