Gourenko v. Canada ( Solicitor General )
IMM-7260-93
Simpson J.
4/5/95
5 pp.
Application for judicial review of Board determination discrimination and harassment suffered by applicant not amounting to persecution-Issue when document so important failure to refer to it in reasons constituting reviewable error -- Document need only be mentioned where document: (1) bearing on relevant time period; (2) prepared by reputable, independent author considered most reliable source of information; (3) directly relevant to claim -- Relevant documents bearing on issue and sent to or received by applicant, or prepared for applicant, or about applicant ordinarily merit mention in reasons -- Document directly relevant to facts alleged by applicant should be addressed in reasons -- Failure to deal with marginally relevant document not reviewable error -- Board not referring to commentary criticizing certain IRB report findings and pertaining to occurrences of hate propaganda, burglaries and cemetery defacements in applicant's community -- With respect to adverse finding of anti-Semitism, Board relying on information from Jewish members of community regarding state policy and social phenomena, and IRB report -- Express reference to commentary unnecessary as: (1) concerns raised in commentary not reflecting those raised by applicant; and (2) commentary less authoritative than comments from members of particular Jewish community -- Application dismissed.