Rodriguez v. Canada ( Minister of Citizenship and Immigration )
IMM-2770-94
Gibson J.
19/1/95
6 pp.
Application for judicial review of Convention Refugee Determination Division (CRDD) determination applicant not Convention refugee -- Applicant, citizen of Mexico, active supporter of opposition party and undertaking public information activities among Mexican peasants and indigenous peoples -- Applicant harassed by government, arrested, imprisoned and coerced to sign confession-Refusal to sign confession resulting in beating, torture and abuse of applicant -- Applicant escaping, fleeing to Canada and claiming Convention refugee status -- During hearing CRDD accepting applicant's overall credibility and requesting counsel to direct questioning to three issues: escape from prison, state persecution and Internal Flight Alternative -- Applicant's overall credibility, becoming key factor in final decision rejecting Convention refugee claim -- In basing decision on overall credibility after not including overall credibility in issues to be addressed during hearing, applicant denied opportunity to know and answer case against him -- Denial of natural justice -- CRDD not weighing documentary evidence identifying human rights abuses in Mexico under very similar circumstances before concluding applicant could have availed himself of state protection -- Application allowed.