Digests

Decision Information

Decision Content

CITIZENSHIP AND IMMIGRATION

Status in Canada

Convention Refugees

Soto v. Canada (Minister of Citizenship and Immigration)

IMM-3734-01

2002 FCT 768, Tremblay-Lamer J.

10/7/02

8 pp.

Judicial review of Immigration and Refugee Board's decision applicant not Convention refugee--Applicant citizen of Chile--Alleging well-founded fear of persecution based on membership in particular social group, i.e. visually impaired --Suffered many incidents of discrimination because of her guide dog--Dismissed from employment at radio station because would not leave dog at home--Board looked at fact applicant held four different positions teaching English as second language, concluded applicant would have means of earning livelihood if returned to Chile--Found applicant able to obtain various positions of employment even though terminated from most recent job because brought seeing-eye dog to her employment--Such conclusion not supported by evidence--Rests on employment history prior to obtaining guide dog--Since obtaining guide dog, only job applicant had was at radio station from which terminated--Previous positions part-time, insufficient to support applicant--By failing to fully address employment history, particularly since acquiring guide dog, Board could not properly determine if serious restriction imposed on applicant's right to obtain livelihood amounted to persecution--Measures of discrimination may amount to persecution in cases where result in serious prejudice for person concerned, e.g. serious restriction on one's right to earn livelihood--Board made finding of fact without properly appreciating evidence before it, therefore erred in manner justifying intervention.

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.