Vildoza v. Canada ( Minister of Citizenship and Immigration )
IMM-5489-98
Lutfy J.
14/10/99
10 pp.
Judicial review of CRDD decision applicants having internal flight alternative (IFA), while accepting gender-related fear of persecution, state not available to protect them-Applicants attacking decision for CRDD's failure to refer to statement in report filed by psychologist, Dr. Pilowsky, that if principal applicant required to return to Argentina, site of traumatizing stressor, would become traumatized and psychological condition worsened-Not clear whether Dr. Pilowsky referring to Mendoza or any location in Argentina as site of traumatizing stressor-No evidence asked to consider distinction-In Taher v. Canada (Minister of Citizenship and Immigration) (1998), 157 F.T.R. 233 (F.C.T.D.) and Cepeda-Gutierrez v. Canada (Minister of Citizenship and Immigration) (1998), 157 F.T.R. 35 (F.C.T.D.) counsel's submissions before refugee panels focussing specifically, emphatically on psychologists' reports concerning claimants' post-traumatic stress disorder in context of IFA-Principal issue in memoranda of law in support of those applications for judicial review failure of panels to consider psychologists' reports in IFA analyses-Before CRDD herein, applicants' former counsel not mentioning applicant's psychological condition or Dr. Pilowsky's report when specifically asked to address IFA issue during argument-Issue only raised in this Court in oral submissions-CRDD considering Dr. Pilowsky's report, to extent relied upon by applicants to support claim of gender-related persecution-As applicants' then counsel not referring to Dr. Pilowsky's report, inappropriate to set aside decision because reasons not referring to report, which is at best equivocal concerning IFA, and which was not relied upon before tribunal on this issue-In Taher and Cepeda-Gutierrez, treatment of psychologists's report before panel enabled Court to characterize evidence as important for IFA-Cannot do so in this case-Application dismissed-Case inviting close examination of Minister, officials-That applicant's fear of unpredictable behaviour of former employer, who subjected her to grievous abuse not totally unwarranted, humanitarian or compassionate consideration which might allow applicant, who has been in Canada almost five years to remain in country.