Digests

Decision Information

Decision Content

CITIZENSHIP AND IMMIGRATION

Status in Canada

Convention Refugees

Estrada v. Canada (Minister of Citizenship and Immigration)

IMM-5118-00

2002 FCT 60, Hansen J.

18/1/02

19 pp.

Application for judicial review of CRDD decision rejecting applicant's claim for Convention refugee status, based on credibility findings--Applicant, citizen of Columbia, claimed well-founded fear of persecution arising out of perceived political opinion--Applicant submitting perceived as person reporting guerrillas to police--Application allowed--While high degree of deference should be accorded to credibility findings, here, panel failed to give applicant opportunity to explain perceived inconsistencies, found inconsistencies where none existed, and misconstrued evidence-- Furthermore, panel drew unreasonable inferences from evidence.

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