Dirie v. Canada ( Minister of Citizenship and Immigration )
IMM-5428-97
Cullen J.
6/10/98
15 pp.
Application for judicial review of decision of Immigration and Refugee Board applicant not Convention refugee-Applicant born in Somalia into Midgan clan-Fled from Mogadishu to farming town of Kurtunwaarey due to fighting from civil war-Boarded truck to Ethiopia in October of 1992-Landed in Montréal on April 5, 1997-Board concluded applicant not Convention refugee as failed to demonstrate well-founded fear of persecution-Court must determine whether Board erred in law by concluding applicant not Convention refugee-Board's finding regarding persecution on basis of gender, however brief, not appealable-No indication Board did not consider evidence before it-Failure to comment on documentary evidence seriously weakens Board's decisions-Documentary evidence herein inconsistent with Board's conclusions-Applicant at least entitled to know why Board chose not to refer to relevant documents-To establish right to Convention refugee status, applicant must prove well-founded fear of persecution by reason of race, religion, nationality, membership in particular social group, and that state protection unavailable-Board must determine whether claimant's fear well-founded by evaluating it objectively-Must assess all of evidence before it-Board's reasons to support determination applicant did not have well-founded fear of persecution deficient-Applicant entitled to clear reasons for Board refusing claim-Board should have stated clearly adverse finding regarding credibility-Did not consider state protection within reasons-Once Board found applicant failed to prove well-founded fear of persecution, no obligation to address state protection issue-Not necessary for Board to rely on past incidents to determine refugee claimant's current state of mind-Application allowed.