Aramburo v. Canada ( Minister of Citizenship and Immigration )
IMM-6782-93
Cullen J.
7/12/94
9 pp.
Application for judicial review of Refugee Division of Immigration and Refugee Board (Board) decision holding applicants, citizens of Argentina, not Convention refugees as had failed to prove government unable to protect them -- Board also holding applicants had Internal Flight Alternative (IFA) -- Issues whether Board erred by incorrectly applying test regarding state's ability to provide protection and whether Board erred in determining applicants had IFA in Argentina -- Burden required to overcome presumption state capable of protecting its citizens must not be impossible to meet -- Canada (Minister of Employment and Immigration) v. Villafranca (1992), 18 Imm. L.R. (2d) 130 (F.C.A.) decision no government can guarantee protection of all its citizens at all times distinguished where applicant fears persecution by agents of the state rather than terrorist organization -- Excuse vigilant government may not be able to protect its citizenry from all terrorist attacks may not be relied upon where perpetrators agents of state -- Board erred in law in determining applicants could seek protection from state -- In its application of IFA test, that on balance of probabilities not unreasonable in circumstances for applicant to seek and obtain safety from persecution in another part of country, Board must consider circumstances particular to claimant -- Board erred in application of IFA test in failing to address itself to applicants' particular circumstances -- Application granted, matter referred back for reconsideration -- Immigration Act, R.S.C., 1985, c. I-2, s. 2(1).