Reynoso v. Canada ( Minister of Citizenship and Immigration )
IMM-2110-94
Muldoon J.
29/1/96
7 pp.
Application for judicial review of Refugee Division decision applicants (mother and young daughter) not Convention refugees-Application allowed-Refugee Division erred in law in its interpretation of "particular social group" in definition of "Convention refugee" in regard to facts presented before it-Adult applicant one of about seven municipal employees having knowledge of mayor's corruption and, for short time, applicant had actual possession of documents to prove mayor's criminal conduct-One employee likely murdered, others threatened, injured and, in one case, raped by police-CRDD held employees not constituting "particular social group"- Applicant's group small number of former fellow municipal employees terrified and terrorized by what they know about ruthless, criminal mayor-Cannot forget what they know- Applicant's group clearly "defined by an innate or unchangeable characteristic", albeit acquired later in life- Persecution quite apparent on facts of case-In fact and in law, applicant at all material times member of small but genuine "particular [persecuted] social group"-CRDD also erred in failing to find applicant's political opinion made her subject of persecution by mayor, who controlled municipal police, and mob-CRDD based its decision on internal flight alternative in Mexico City-However, applicant watched and beset by malicious mayor's thugs in Mexico City, nearly run down by automobile driven by one of them-Applicant specifically targeted by resourceful persecutor-Applicant cannot rely on State protection, only "insulating factor of big city".