Arguello-Garcia v. Canada ( Minister of Employment and Immigration )
92-A-7335
McKeown J.
23/6/93
7 pp.
Application for judicial review of Immigration and Refugee Board's decision applicant not Convention refugee -- Applicant's brother and family murdered in 1981 by National Guard of El Salvador -- Ill treatment of family members amounting to persecution -- Whether applicant within "special or limited category of persons" to which Immigration Act, s. 2(3) applies -- Persecution suffered by applicant clearly sufficiently serious, "atrocious" and "appalling" to warrant application of s. 2(3) -- Board clearly wrong in determining test set out in Canada (Minister of Employment and Immigration) v. Obstoj, [1992] 2 F.C. 739 (C.A.) not met -- Applicant continuing to suffer severe psychological hardship resulting from serious persecution suffered in El Salvador -- Lack of change of principal members of government in El Salvador and continued presence and power of former agents of persecution justifying applicant's strong subjective fear of returning home -- Applicant having "compelling reasons" arising out of past persecution for refusing to avail self of protection of El Salvador -- Board's finding based on misconstruction of applicable test, error in law -- Application granted -- Immigration Act, R.S.C., 1985, c. I-2, s. 2(3) (as am. by R.S.C., 1985 (4th Supp.), c. 28, s. 1).