Canada ( Minister of Employment and Immigration ) v. Melgar
IMM-3156-93
Noël J.
20/1/94
6 pp.
Application for judicial review of decision by Immigration and Refugee Board respondent Convention Refugee -- Respondent, citizen of Guatemala, forcibly recruited in army -- Shot and killed one guerrilla during special mission -- Board finding well-founded fear of persecution from both army and guerrillas -- Claimant not found to be person described in exclusion clause of United Nations Convention Relating to the Status of Refugees, Art. 1(F) -- Found to have acted under duress -- Board failing to properly address issue before it -- No evidence killing of guerrilla act of self-defence -- Question as to whether respondent willingly participated in killing not addressed -- Board failing to address question whether respondent, in not responding to orders, would have been exposed to consequences proportionate to finality of fate inflicted upon guerrilla -- Application allowed -- United Nations Convention Relating to the Status of Refugees, July 28, 1951, [1969] Can. T.S. No. 6, Art. 1(F).