Digests

Guerrero v. Canada (Minister of Citizenship and Immigration)

IMM-5874-03

2004 FC 104, Shore J.

23/1/04

9 pp.

Judicial review of Immigration and Refugee Board's (Board) decision dismissing applicants' claims to be Convention refugees--Whether Board erred in assessment of availability of state protection--In case at bar, case unto itself, Board erred in stating as general principle not important whether agents of persecution police or private individuals-- In light of Chairperson's Gender Related Guidelines, Board had obligation to assess whether fact police agents of persecution important in light of specific country conditions-- Decision did not address evidence members of Organismo Investigación Judicial (Costa Rican police) not effectively investigated or punished when allegations of abuse-- According to evidence, police and Civil Guard, at instigation of male applicant's father, arrested and beat male applicant's brother-in-law--Where directly relevant evidence contradicts findings of Board, must be identified and addressed by Board --Whether Board ignored evidence of similarly situated persons--Best evidence individual faces serious chance of persecution usually treatment afforded similarly situated persons in country of origin--Evidence person similarly situated persecuted important evidence that cannot be ignored --As applicants submitted evidence of family of male applicant's sister to argue this nuclear family similarly situated, incumbent on Board to address evidence--Whether Board ignored evidence of psychological report--Board found adequate state protection--Since Board did not see possibility applicants would be persecuted, cannot say Board erred in not assessing psychological report in its reasons--Conclusion of Board made without regard to specific evidence of case-- Decision limited to particular context, specific fact pattern-- On face of it, and it alone, judicial review allowed.