Singh v. Canada ( Minister of Citizenship and Immigration )
IMM-1090-95
Reed J.
4/12/95
9 pp.
Judicial review of Convention Refugee Determination Division decision applicant not Convention refugee-Board making positive finding of availability of state protection for applicant in Trinidad and, even in absence of state protection, only mere possibility applicant suffering persecution upon return-Board's analysis of availability of state protection flawed; Board finding no evidence of similarly situated persons suffering vendettas from drug gang members when in fact such evidence existing-However, such misconstructions of evidence with respect to likelihood of applicant facing persecution not justifying setting aside of Board's decision-Assessment of risk constituting heart of Board's decision-making authority and factors upon which Board relied can support Board's assessment-Board's decision quashed nonetheless on basis decision made by one Board member only-Expiration of Board member's term of office not in itself sufficient to render person "unable" to take part in disposition of matter pursuant to s. 63(2) of Act-Application allowed-Immigration Act, R.S.C., 1985, c. I-2, s. 63(2) (as am. by R.S.C., 1985 (4th Supp.), c. 28, s. 18).