Digests

Decision Information

Decision Content

CITIZENSHIP AND IMMIGRATION

Status in Canada

Convention Refugees

Gutierrez v. Canada (Minister of Citizenship and Immigration)

IMM-3291-99

Campbell J.

6/4/99

4 pp.

Male applicant claiming refugee status because of membership in Mexican political party PRD--CRDD relying on absence of evidence of adverse actions against PRD members in state of Guanajuato to find no objective fear of persecution--Respondent arguing no reports could be found either because none exist or because no adverse action occurred--CRDD committing reviewable error--No reports not evidence of anything--Without positive evidence, CRDD's finding mere speculation--Evidence on record, not quoted by CRDD, supporting conclusion CRDD's finding speculation, probably erroneous--Also CRDD apparently disbelieving applicant's evidence without giving precise statement as to why--CRDD's finding with respect to objective fear of persecution made without regard to evidence before it--Decision set aside; matter referred to differently constituted panel.

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