Gonzales v. Canada ( Minister of Citizenship and Immigration )
IMM-3305-96
Lutfy J.
3/10/97
5 pp.
Applicants Chilean political dissidents actively demanding rights for people, denouncing sale of drugs in their Santiago neighbourhood and complicity of sector's security forces-They and friends often detained, beaten and harassed-Application for judicial review of Refugee Division decision dismissing their claim for refugee status on ground applicants did not request protection of authorities-Application of Supreme Court of Canada decision in Canada (Attorney General) v. Ward, [1993] 2 S.C.R. 689, concerning guidelines for demonstrating state's inability to protect nationals and reasonableness of claimant's refusal to actually solicit such protection-Refugee Division not ruling on applicants' credibility-Accordingly, events they related (death and disappearance of fellow dissidents, persecution, threats, approaches to police authorities and on public airwaves without positive results) must be taken as proved-Refugee Division should have explained what methods objectively and reasonably available to them-Must give written reasons for decisions against claimants sufficient for them to know why their claims have failed and decide whether to seek leave to appeal-Application allowed.