Baldizon-Ortegaray v. Canada ( Minister of Employment and Immigration )
92-T-1933
Noël J.
7/5/93
6 pp.
Application to review finding of Adjudicator and member from Refugee Division applicant not having credible basis for Convention refugee claim -- Member of "contra" movement whose goal to overthrow Sandinista regime -- Sandinista in control of military -- Left Nicaragua in 1979 and obtained refugee status in Costa Rica -- Becoming Costa Rican citizen and maintaining Nicaraguan citizenship -- Arrived in Canada in 1988 and claimed refugee status -- Tribunal holding no credible basis to claim -- In case of dual citizenship must prove claim with respect to both countries -- In Costa Rica house robbed, addressed as "worm" (term used by Sandinistas to describe member of "contra" movement), two friends in "contra" movement killed or disappeared -- Claims well-founded fear of persecution and Government of Costa Rica either unable or unwilling to protect him against that persecution -- Believes Sandinistas taking control of Costa Rica -- Claiming life in danger if returned to Nicaragua as Sandinistas still control military -- Tribunal not finding any credibility in evidence in support of fear of persecution nor trustworthy evidence Costa Rican government unable to protect claimant -- Nothing suggesting Board failed to consider evidence before it of change of government and indications Sandinistas remaining indirectly involved in some aspects of government -- Applicant also seeking certification of serious question of general importance under Act, s. 83(1) in event application be dismissed -- Question of whether mere inability to protect individual from actions of private individuals providing credible basis for fear of persecution where individual not seeking protection from state authorities not warranting certification -- Credible basis tribunal abolished and question of general importance should be forward looking -- While notion of "credible basis" continues to be of importance under Act, will be applied under different statutory scheme -- Answer of little contemporary or future use -- Immigration Act, R.S.C., 1985, c. I-2, ss. 46.01 (as enacted by R.S.C., 1985 (4th Supp.), c. 28, s. 14), 83 (as am. by S.C. 1992, c. 49, s. 73).