Digests

Moyo v. Canada (Minister of Citizenship and Immigration)

IMM-5884-01

2003 FC 1024, Blais J.

4/9/03

10 pp.

Judicial review of Convention Refugee Determination Division of Immigration and Refugee Board (Board) decision determining applicant not Convention refugee--Whether Board based decision on erroneous findings of fact made in perverse or capricious manner or without regard to material before it in finding applicant not credible--While some adverse credibility findings of Board relate to inconsequential details, adverse credibility findings made in relation to incident of persecution as described by applicant cannot be said to be patently unreasonable, nor made in perverse or capricious manner, nor without regard to material before it--Whether Board erred in concluding mere membership in Movement for Democratic Change (MDC) insufficient to meet Convention criteria of political opinion--In case at bar, veterans who confronted group of teachers appeared to believe teachers supporters of MDC--Belief likely bolstered by fact war veterans discovered applicant's MDC t-shirt--Clearly, applicant and other teachers perceived by veterans to be MDC supporters, regardless of limited extent of political activity engaged in by applicant--Therefore, from perspective of persecutor, applicant supporter or member of MDC and, as such, applicant meets Convention grounds for political opinion--Board's finding basis for applicant's fear did not meet legal definition of "political opinion" in circumstances of case clearly unreasonable, since law clearly states Convention ground to be determined from perspective of persecutor--However, not a material error in view of negative outcomes on first and third issues--Whether Board erred in finding applicant would not face more than "mere possibility" of serious harm should applicant return to Zimbabwe-- Evidence of applicant revealed single incident of harassment, abuse and humiliation by war veterans in Zimbabwe-- Documentary evidence establishes "post-election violence and political intimidation against MDC activists"--Board determined applicant's treatment did not establish past persecution, and that there existed only "mere possibility" that she would be persecuted once returning to Zimbabwe--In view of evidence presented, this finding not unreasonable, and no basis for intervention--Although Board's finding applicant did not meet Convention ground for "political opinion" unreasonable, error not material, as Board ultimately held applicant not credible and applicant did not run risk of persecution should she return to Zimbabwe--Application dismissed.