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Guajardo-Espinoza v. Canada ( Minister of Employment and Immigration )

A-304-92

Létourneau J.A.

5/8/93

5 pp.

Appeal from decision of Refugee Division-Counsel for appellants, relying on Supreme Court judgment Canada (Attorney General) v. Ward, [1993] 2 S.C.R. 689, argued Refugee Division made error in not ruling on appellants' political views or examining political basis of their claim -- Appellants submitted claim to Refugee Division based on fear of persecution as members of particular social group and properly dismissed by tribunal -- Refugee Division cannot be faulted for not deciding issue not argued and that did not emerge perceptibly from evidence presented as a whole -- In Ward, applicant's action of helping to free hostages in his custody was a political one and there was evidence to this effect in record, which could not be said in case at bar -- Refugee Division made no error justifying intervention by Court -- Appeal dismissed.

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