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.