Prahl v. Canada ( Minister of Citizenship and Immigration )
IMM-1960-97
Campbell J.
20/2/98
12 pp.
Judicial review of CRDD decision denying applicant, family Convention refugee status-Convention refugee claim based on well-founded fear of persecution on grounds of political opinion, membership in particular social group-Applicant citizen of Guatemala-Employment as pharmaceutical salesman requiring him to travel with samples of company's products-Beginning in October 1994, stopped several times by men he believed to be guerrillas-Seizing medicines, threatening applicant if not co-operating-Applicant not informing employer, police about incidents-On one occasion beaten with rifle, resulting in broken teeth-On another occasion car windshield broken-Filing false insurance reports-In 1995 applicant stopped by army personnel, accused of aiding insurgents, plastic bag placed over head containing toxic substances-In 1995 applicant, family fleeing to Canada-After departure, strangers inquiring about applicant, shooting at brother-in-law, threatening to shoot at house, another pharmaceutical salesman killed-CRDD holding pharmaceutical salesmen in Guatemala not constituting particular social group-Not believing applicant having numerous encounters with guerrillas; army confronted, attempted to kill him; guerrillas continuing to search for him at family's home in Guatemala-Application allowed-(1) CRDD having duty to consider whether membership in social group giving rise to well-founded fear of persecution: Navarro v. Canada (Minister of Citizenship and Immigration), [1994] F.C.J. No. 1963 (T.D.) (QL)-CRDD's failure to properly discharge duty to make proper determination on evidence presented error in law-(2) CRDD ignoring basic principles that decision makers must listen to testimony in entirety with objective, open mind and presumption testimony given under oath true unless serious reasons for doubting truthfulness-Substituting own intuitions, speculation instead-Nothing in perceived implausibilities satisfying test for proper rejection of claimant's testimony-Family remaining in Guatemala only other source of corroborative testimony-Although correspondence postdating arrival in Canada, nothing to suggest what they wrote untrue-Totality of implausibilities not enough to form basis on which to reject whole of applicant's testimony-Nothing contradicting applicant's testimony-Documentary evidence replete with kind of events applicant describing-CRDD's credibility findings unreasonable-CRDD basing decision on erroneous findings of fact made in capricious manner.