CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Convention Refugees |
Gutierrez v. Canada (Minister of Citizenship and Immigration)
IMM-1118-99
Lemieux J.
12/5/00
19 pp.
Application for judicial review of decision by Convention Refugee Determination Division (CRDD) concerning Gutierrez, Rodriguez and Bermudez families--All refugee claims arising out of events in Nicaragua during 1980s when country controlled by Sandinista Government--Fears relating to persecution by Sandinistas if return to Nicaragua--United States country where they initially fled, some of children born--Only applicants remaining Blanca Gutierrez, son Ennio, Jenny Gonzalez--Members of Bermudez family not before Court herein--CRDD ruling claimant must establish, on balance of probabilities, good grounds for fearing persecution--Reasonable or serious possibility as opposed to mere possibility--CRDD considering claimant's fear of persecution in terms of profiles, evidence of what happened to them, evidence as to treatment of similarly situated persons, documentary evidence pertaining to human rights abuses--No doubt CRDD's approach, consideration of evidence framed on proper legal priciples--CRDD bound to consider each of Convention grounds advanced by applicants as basis of well-founded fear of persecution--Neglected to consider applicants' claim of well-founded fear of persecution on account of membership in particular social group, "reactionary" Gonzalez family, as members of that family--F.C.A. has long recognized family as particular social group--Nexus issue not presented as starkly as counsel for respondent would have thought, as failing to take into account evidence before CRDD--Applicants advanced basis for well-founded fear of persecution because of membership in Gonzalez family, led some evidence in respect of that fear, and CRDD failed to consider that ground explicitly--Application allowed.