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Navarro v. Canada ( Minister of employment and Immigration )

A-1699-92

Wetston J.

20/12/94

3 pp.

Application for judicial review of Board decision rejecting claim for Convention refugee status while failing to address oral or documentary evidence relating to membership in particular group, young El Salvadorean males of military age-In his PIF applicant claiming status on ground of political opinion-Before Board, applicant testified did not hold political opinion-Now argues fear of persecution related to membership in particular social group-Ground of membership in particular social group not argued before Board-Given evidence to that effect, Board should have considered whether membership in social group gave rise to well-founded fear of persecution, even if counsel for claimant failed to argue this ground-Application allowed-Matter referred back to Board for rehearing.

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