Vargas v. Canada ( Minister of Employment and Immigration )
T-1301-92
Wetston J.
25/5/94
4 pp.
Application for judicial review of credible basis hearing Tribunal's decision applicant not Convention refugee -- Applicant, citizen of Columbia, claimed Convention refugee status on basis of membership in particular social group -- Applicant submitted Tribunal misinterpreted definition of Convention Refugee; misapplied credible basis test by finding since applicant feared random violence, not member of particular social group having well-founded fear of persecution[cad 211]Tribunal did not err in concluding no connection between applicant's fear of persecution and Convention ground -- No evidence applicant or family have been specifically targeted by either guerilla organization or members of drug cartel; no identifiable risk distinct from rest of population; no evidence death of brother politically motivated or drug related -- Applicant informed of right to counsel at commencement of inquiry; no violation of principle of natural justice -- Beneficial for Tribunal to advise claimants about possibility of obtaining legal aid but failure to do so must be examined in context of each case -- Applicant herein advised to contact community organizations or law schools at second appearance before Tribunal -- Applicant had sufficient opportunity to obtain information regarding availability of legal aid -- Application dismissed.