Hercules v. Canada ( Solicitor General )
Imm-1196-93
Gibson J.
25/8/93
8 pp.
Application to review Convention Refugee Determination Division decision applicants not Convention refugees -- Applicants, from El Salvador, fearing persecution based on political opinion, membership in particular social group -- Wife's fear of persecution based entirely on feared consequences for husband -- CRDD holding mere speculation armed men visiting applicant's parents' home to enquire about applicant's whereabouts in army, and even if army looking for him, no evidence as to why army looking for him -- Also holding individuals at risk prior to peace agreement no longer at risk if returned to El Salvador -- Application dismissed -- Oversstatement to say evidence it was army looking for applicant speculation, but such evidence based on logic and deduction -- Reasonable inferences could be drawn as to why army might be looking for applicant -- Sufficient ground on which to form subjective fear of persecution, but sufficient justification for CRDD to conclude not well-founded objective basis for claim -- Maldonado v. Minister of Employment and Immigration, [1980] 2 F.C. 302 (C.A.), wherein held presumption of truth when applicant swears to truth of matters unless reason to doubt truthfulness, distinguished -- Presumption of truth applying to allegations of fact, not to speculative conclusion drawn from those facts -- No obligation on CRDD to accept sworn allegations as true, even though credibility not in question, where allegations in nature of speculative conclusion, regardless of whether speculation well-founded -- CRDD's conclusion as to changed circumstances in country of origin reasonably open to it based on all evidence end of matter -- Not required to include more detailed analysis of conflicting evidence in respect of change of circumstances in reasons in each such case as such burden soon unsupportable -- Immigration Act, R.S.C., 1985, c. I-2.