Diluna v. Canada ( Minister of Employment and Immigration )
IMM-3201-94
Gibson J.
14/3/95
7 pp.
Application for judicial review of decision of Convention Refugee Determination Division (CRDD) applicant not Convention refugee within meaning of Immigration Act, s. 2(1)-Applicant, citizen of Brazil, arrived in Canada for second time in February 1992 -- First stating intention to make refugee claim on December 7, 1992 -- Only Convention reason relied on: membership in particular social group -- Claimant's relationship with husband marked by violence against her starting in February 1985 -- Violence extending to members of immediate family -- Board of opinion claimant's past experiences, related fear could neither be characterized as persecution within meaning of Convention refugee definition, nor could it be related to any of grounds therein -- Reasoning of McKeown J. in Narvaez v. Canada (Minister of Citizenship and Immigration), [1995] 2 F.C. 55 (T.D.) adopted -- Women subject to domestic violence in Brazil constitute particular social group -- CRDD failing to find applicant had good reasons for fearing persecution on Convention ground if required to return to Brazil by reason of continuous experience of violence committed by husband against her -- Error of law -- Psychiatric assessment supportive of applicant's explanation for delay in applying for refugee status -- Application allowed -- Immigration Act, R.S.C., 1985, c. I-2, s. 2(1) (as am. by R.S.C., 1985 (4th Supp.), c. 28, s. 1).