Membreno-Garcia v. Canada ( Minister of Employment and Immigration )
T-1312-92
McGillis J.
2/12/92
4 pp.
Application to review decision no credible basis to Convention refugee claim -- Applicant army deserter from El Salvador -- Panel concluding applicant not credible witness based on inconsistencies in evidence -- At time of hearing, applicant 18 years old, with grade 3 education, and testified with aid of interpreter -- Application allowed -- Panel erred in some findings of fact -- Holding evidence as to applicant's age constituting inconsistency when clear such evidence tendered solely to establish not minor who required representative at hearing -- Panel misunderstood applicant's evidence concerning steps taken to obtain passport -- Although Panel found description of lake in personal information form to be inconsistent with evidence in cross-examination, evidence tendered on judicial review hearing establishing description of lake in form improperly translated -- Panel also failed to consider documentary evidence concerning manner in which El Salvador deals with army deserters[cad 211]Frequent interruptions by Panel members and lengthy questions posed in cross-examination by case presenting officer contributing greatly to confusion.