Fouchong v. Canada ( Secretary of State )
IMM-7603-93
MacKay J.
18/11/94
6 pp.
Application for judicial review of CRDD decision applicant not Convention refugee under Immigration Act, s. 2(1)-Claim to refugee status based upon fear of persecution at hands of ex-husband on grounds of membership in social group comprised of women victims of domestic abuse and violence who could not obtain protection from state-Applicant, citizen of Grenada, arrived as visitor in March 1988-Claimed Convention refugee status in June 1988-Divorced in 1992 after beatings, sexual abuse from husband-Tribunal not properly assessing whether merit to applicant's claim to membership in particular social group-Inappropriate to define social group solely by reason of common victimization of members of group-Tribunal failing to explicitly assess applicant's claim in relation to Guidelines concerning Women Refugee Claimants Fearing Gender-Related Persecution-Guidelines not binding but intended to be considered by members of tribunal in appropriate cases-Conclusion of tribunal that protection of applicant could be expected from authorities in Grenada not unreasonable on evidence before it-Documentary evidence concerning efforts of government in Grenada to provide protection for victims of violence, particularly women-Where protection available, no well-founded basis for fear of persecution-Application dismissed-Immigration Act, R.S.C., 1985, c. I-2, s. 2(1) (as am. by R.S.C., 1985 (4th Supp.), c. 28, s. 1).