CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Convention Refugees |
Canada (Minister of Citizenship and Immigration) v. Bueno
IMM-4606-03
2004 FC 509, Pinard J.
6/4/04
3 pp.
Judicial review of Immigration and Refugee Board (IRB) decision that respondents "Convention refugees" within meaning of Immigration and Refugee Protection Act, s. 96-- Respondent Bueno citizen of Colombia and respondent Munagorri citizen of Uruguay--Failure to claim refugee status when claimant in country of protection element going to root of claim and should be considered in assessment of credibility of claimant's subjective fear--General rule State presumed able to protect citizens, unless evidence to contrary presented by claimant--Claimant's responsibility to demonstrate, by clear and convincing evidence, that State protection sought and not obtained (Canada (Attorney General) v. Ward, [1993] 2 S.C.R. 689)--In this case, respondents did not offer any evidence on this point--IRB did not ask respondents any question on this point at hearing before expressly finding that State unable to protect them--Completely disregarded question of protection by United States with regard to respondents' daughters, citizens of that country--Application allowed--Immigration and Refugee Protection Act, S.C. 2001, c. 27, s. 96.