CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Convention Refugees |
Soto v. Canada (Minister of Citizenship and Immigration)
IMM-3734-01
2002 FCT 768, Tremblay-Lamer J.
10/7/02
8 pp.
Judicial review of Immigration and Refugee Board's decision applicant not Convention refugee--Applicant citizen of Chile--Alleging well-founded fear of persecution based on membership in particular social group, i.e. visually impaired --Suffered many incidents of discrimination because of her guide dog--Dismissed from employment at radio station because would not leave dog at home--Board looked at fact applicant held four different positions teaching English as second language, concluded applicant would have means of earning livelihood if returned to Chile--Found applicant able to obtain various positions of employment even though terminated from most recent job because brought seeing-eye dog to her employment--Such conclusion not supported by evidence--Rests on employment history prior to obtaining guide dog--Since obtaining guide dog, only job applicant had was at radio station from which terminated--Previous positions part-time, insufficient to support applicant--By failing to fully address employment history, particularly since acquiring guide dog, Board could not properly determine if serious restriction imposed on applicant's right to obtain livelihood amounted to persecution--Measures of discrimination may amount to persecution in cases where result in serious prejudice for person concerned, e.g. serious restriction on one's right to earn livelihood--Board made finding of fact without properly appreciating evidence before it, therefore erred in manner justifying intervention.