CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Convention Refugees |
Ortiz v. Canada (Minister of Citizenship and Immigration)
IMM-4416-01
2002 FCT 1163, Pinard J.
13/11/02
5 pp.
Judicial review of Immigration and Refugee Board, Refugee Division (Board) decision applicant not Convention refugee-- Applicant, citizen of Ecuador, claiming fear of persecution at hands of former employer because reported irregularities in employer's accounting department to government officials-- Afraid will never be able to obtain reasonable, even menial, job, and at risk of violence from former employer--Board held applicant had not provided sufficient credible evidence that fear of persecution well-founded, as not able to establish objective basis for fear-- Board also found no reasonable chance applicant will be persecuted by former employer if returns to Ecuador--Applicant submitting Board erred in law by failing to address psychological evidence, emotional factors centrepiece of claim Application dismissed--On basis of psychological report, evidence as whole, Court not convinced psychological evidence, emotional factors centrepiece of applicant's claim--Board under no obligation to address it explicitly, given other evidence, rest of Board's reasons--No reason to interfere with Board's findings of fact--Inability to earn livelihood not one of five grounds listed in Immigration Act, s. 2(1) for fear of persecution--Immigration Act, R.S.C., 1985, c. I-2, s. 2(1) "Convention refugee" (as am. by R.S.C., 1985 (4th Supp.), c. 28, s. 1).