Mallado v. Canada ( Minister of Employment and Immigration )
IMM-912-93
McKeown J.
10/12/93
4 pp.
Application to set aside decision of Immigration and Refugee Board -- Issues herein arising out of decision in Canada (Attorney General) v. Ward, [1993] 2 S.C.R. 689 -- Board finding applicants had well-founded fear of persecution in Chile, then reviewing state protection issue -- Board should not have made finding without making it expressly subject to state protection issue -- Board wrong in refusing to consider applicants' unwillingness to seek state protection as state not accomplice in feared persecution -- Applicants entitled to have Board determine whether clear and convincing information of state's inability to protect -- Board wrong in stating police having nothing to do with persecution feared by applicants -- Evidence of one previous detention and beating by police under old regime -- Board could not ignore material conflicting evidence where applicants found to be credible -- Board wrong in analyzing inability to obtain state protection and stating applicants had to approach police -- Ward case not making this absolute obligation -- Board must look at reason why applicants felt unable to approach police and determine if state protection reasonably forthcoming -- Application allowed.