Gonzalez v. Canada ( Minister of Citizenship and Immigration )
IMM-2719-97
Dubé J.
25/6/98
6 pp.
Judicial review of decision applicants not Convention refugees-Applicants, citizens of Chile, claiming refugee status based on alleged well-founded fear of persecution because husband member of human rights group and of union-CRDD basing finding of lack of credibility on documentary evidence from which concluded applicant not persecuted because of membership in human rights group or union-Open to CRDD to assess, weigh documentary evidence before it-Documentary evidence concerning Chile generally indicating repressions inflicted on terrorists, criminals, but not on members of human rights groups or unions-Court cannot overrule CRDD in such matters, and impose own findings, where CRDD's conclusions not unreasonable as was case herein-At end of decision CRDD stating, pursuant to Immigration Act, s. 69.1(9.1), no credible basis for claim-Surprising CRDD would come to such conclusion as decision based mostly on documentary evidence, and not strictly on lack of credibility of applicant-This addendum neither vitiating decision nor warranting reference back to CRDD-Following question certified: Does statement by Immigration Refugee Board, Refugee Determination Division that claimant having no credible basis for claim under s. 69.1(9.1), where decision based mostly on documentary evidence, constitute error of law?-Immigration Act, R.S.C., 1985, c. I-2, s. 69.1(9.1) (as enacted by R.S.C., 1985 (4th Supp.), c. 28, s. 18; as am. by S.C. 1992, c. 49, s. 60).