Guzman v. Canada ( Minister of Citizenship and Immigration )
IMM-3748-97
Rothstein J.
29/10/98
7 pp.
Application for judicial review of decision of panel of Immigration and Refugee Board dismissing applicants' Convention refugee claims-In 1992, applicants' residence attacked, male applicant beaten, shot-Applicants left El Salvador in early 1993 travelling to Guatemala, Mexico, United States-Arrived in Canada in early 1996, made refugee claims-Panel found applicants did not have subjective fear of persecution, 1992 incident criminal, not politically motivated-Immigration Act, ss. 2(2)(e), 2(3) only come into play if finding applicants, at least at one time, Convention refugees, met definition of Convention refugee-No such finding herein-Panel's consideration of changed country conditions may imply panel considered applicants eligible to be Convention refugees at one time even if such finding not expressly stated-No such necessary implication when panel considers changed country conditions as additional reason applicants not Convention refugees, as herein-Panel found applicants had no subjective fear of persecution-That panel did its work thoroughly by assessing changed country conditions not eliminating, undermining earlier finding applicants had no subjective fear of persecution-Female applicant providing no oral evidence about "atrocities" suffered by family members-Doubtful whether female applicant's refugee claim would succeed under Act, s. 2(3)-Panel's finding not perverse, capricious, patently unreasonable-No obvious connection between earlier incidents, 1992 attack-Application dismissed-Immigration Act, R.S.C., 1985, c. I-2, s. 2 (as am. by R.S.C., 1985 (4th Supp.), c. 28, s. 1; S.C. 1992, c. 49, s. 1).