Singh v. Canada ( Minister of Citizenship and Immigration )
IMM-75-95
Richard J.
4/7/95
6 pp.
Judicial review of Refugee Division (tribunal) decision applicants not Convention refugees -- Applicants, citizens of India, claiming persecution by reason of religion, political opinion and membership in particular social group -- Tribunal's first decision quashed on basis: (1) tribunal erring in assessment of internal flight alternative (IFA); and (2) adverse finding regarding credibility not properly based on evidence -- Tribunal now holding testimony credible but even cumulative effect of actions against applicants not amounting to persecution -- Tribunal's adverse finding regarding persecution patently unreasonable as arbitrary arrest, detention, beatings and torture by public authorities can never be condoned (Thirunavukkarasu v. Canada (Minister of Employment and Immigration), [1994] 1 F.C. 589 (C.A.)) -- At outset of hearing, applicant raising applicability of Immigration Act, s. 2(3) and filing psychological report pertaining thereto -- Tribunal considering neither s. 2(3) nor psychological report in reasons-In light of findings with respect to IFA and change in circumstances in India, tribunal erring in failing to consider application of s. 2(3) -- While s. 2(3) might not have applied in circumstances, not for Court to speculate as to why tribunal believing s. 2(3) inapplicable -- Tribunal also committing error in failing to have regard to psychological report in more general sense as report reliable and directly relevant to credibility determination, s. 2(3) determination and IFA determination-Application allowed -- Immigration Act, R.S.C., 1985, c. I-2, s. 2(3).