Fajardo v. Canada ( Minister of Employment and Immigration )
A-1238-91
Mahoney J.A.
15/9/93
3 pp.
Applicants (mother, daughter) citizens of El Salvador -- Claiming refugee status based on fear of persecution due to son's membership in guerilla group, of perceived political opinion as member of teachers' union and of involuntary support given to guerilla group while occupied their area -- Tribunal not accepting mother's story on apparent, but never expressed, basis not credible -- No apparent internal inconsistencies -- Evidence corroborated in some particulars -- Tribunal commenting on inability to cross-examine nun, applicant's school principal, who, like everyone, must be tested regarding value of evidence given in affidavit -- Appeal allowed -- By Immigration Act, s. 68(3) Refugee Division not bound by legal or technical rules of evidence -- May base decision on evidence adduced in proceedings which considers credible and trustworthy in circumstances -- Tribunal erred if suggesting affidavit evidence of patently respectable deponents as to facts within knowledge may be discounted because, in nature of process, deponents not available to be cross-examined -- Refugee Division must not impose on itself or claimants evidentiary fetters of which freed by Parliament -- Immigration Act, R.S.C., 1985, c. I-2, s. 68(3) (as am. by R.S.C., 1985 (4th Supp.), c. 28, s. 18).