Rodriguez-Moreno v. Canada ( Minister of Employment and Immigration )
A-1138-92
Gibson J.
3/12/93
9 pp.
Application for judicial review of Convention Refugee Determination Division (CRDD) decision applicants not Convention refugee -- Applicants citizens of El Salvador -- Claims of spouse and child based on claim of principal applicant -- Principal applicant serving in government-run civil defence force in El Salvador from 1989 to January 1991 -- No encounters with guerrillas during service -- In February 1991 three unidentified men entering applicant's home, physically abusing principal applicant, threatening him with further problems unless left area where lived -- Applicants moved -- In May, principal applicant, taxi driver, picking up three passengers who forced him to take them to garbage dump where robbed him, threatened him with death unless left El Salvador -- Identified selves as guerrillas -- Applicant of view targeted by guerrillas because of service in civil defence force -- Application dismissed -- (1) Immigration Act, s. 69.1(4) providing hearing into claim shall be held in presence of claimant -- Although principal applicant always present, other applicants (wife, young daughter) leaving hearing shortly after commencement -- After wife's return, counsel declaring no problem proceeding as young children out of room -- S. 69.1(4) permitting waiver: Lawal v. Canada (Minister of Employment and Immigration), [1991] 2 F.C. 404 (C.A.) -- Proper waiver given by counsel in presence of two adult applicants, with opportunity to consult with them through interpreter if necessary -- (2) In decision, CRDD noting civil war concluded, mere possibility of persecution -- Properly observed test established in Adjei v. Canada (Minister of Employment and Immigration), [1989] 2 F.C.R. 680 (C.A.) requiring applicants to establish "good grounds" for fear of persecution, or as stated in Ponniah v. Canada (Minister of Employment & Immigration) (1991), 13 Imm. L.R. (2d) 241 (F.C.A.), "slightly more than a mere possibility of persecution" -- CRDD stating not satisfied evidence establishing link between events and guerrillas, although finding both applicants credible -- Not contradicting finding of credibility, but rejecting principal applicant's speculation regarding affiliation of attackers -- Cortez v. Canada (Minister of Employment and Immigration), A-39-93, Noël J., 3/9/93, F.C.T.D. distinguished -- (3) Given CRDD's conclusions, any error regarding changed country circumstances not affecting decision -- Immigration Act, R.S.C., 1985, c. I-2, s. 69.1(4) (as enacted by R.S.C., 1985 (4th Supp.), c. 28, s. 18).