Rosales v. Canada ( Minister of Employment and Immigration )
A-750-92
Rothstein J.
26/11/93
8 pp.
Application for judicial review of decision by Immigration and Refugee Board applicant not Convention refugee -- Applicant, citizen of Guatemala, politically active in two different parties -- Applicant's colleague in one party disappearing in September 1989 -- Applicant leaving Guatemala in June 1990 with family -- Documentary evidence supporting applicant's assertion political dissent not tolerated in Guatemala, punished by army -- Panel ignoring relevant and overwhelming evidence supporting applicant's assertions -- Panel's view applicant not member of targeted group for persecution unsupported by evidence -- Documentary evidence indicating members of legitimate political parties subject of threats, victims of violence -- Applicant not army deserter or guerrilla, but legitimate politician, businessman -- Panel ignoring significant portions of evidence, erring in law -- Applicant suffering from post-traumatic stress disorder said to be consistent with own story about threat to life -- Person's mental condition at time of hearing not to be used to argue said person unable to establish subjective fear of persecution -- Application granted.