Jaipaulsingh v. Canada ( Minister of Employment and Immigration )
A-661-92
MacGuigan J.A.
25/11/92
3 pp.
Application to set aside finding no credible basis for refugee claim -- Applicant victim of four or five crimes in Trinidad -- Tribunal's finding based on lack of credible evidence as to fear of persecution or, if such credible evidence exists, its lack of relationship to any ground in definition of Convention refugee -- Application allowed -- Applicant putting refugee claim on ground of racial persecution -- Although Tribunal observing "many East Indians are the victims of crime", dealing with issue on ground of crime, not race, as if claim based on persecution as result of crime -- Failure to take account of applicant's case error of law -- Finding of lack of credibility as to fear of persecution if returned to Trinidad based on Tribunal's view of illogic of six-month return to Trinidad between two trips abroad -- Applicant's explanation of delay in making refugee claim should have been put to second-level tribunal for evaluation -- Federal Court Act, R.S.C., 1985, c. F-7, s. 28 (as am. by S.C. 1990, c. 8, s. 8).