Gomez-Carrillo v. Canada ( Minister of Citizenship and Immigration )
IMM-242-96
Gibson J.
17/10/96
7 pp.
Judicial review of CRDD's decision applicant not Convention refugee-Applicant, citizen of El Salvador, conscripted into military-Deserted after six months-Again conscripted, punished for desertion, deserted, made way to Canada-Tribunal concluded applicant feared prosecution for violating law of general application-Tribunal concluding penalty for desertion (imprisonment for six months to one year) not so severe as to be persecutory-Also concluding extra-judicial persecution not serious possibility-Tribunal giving greater weight to silence of documentary evidence than to sworn applicant's testimony, expert opinion before Tribunal-Also holding applicant would not be persecuted since second desertion taking place after cessation of civil war when treatment accorded to him in respect of first desertion during wartime not persecutory-Application dismissed-Tribunal neither disregarded entirely nor treated cavalierly expert evidence before it-Acknowledged evidence, briefly analyzed it, gave reasons for preferring to rely on documentary evidence before it-Open to Tribunal to prefer to rely on documentary evidence-No duty to advise applicant of concerns regarding expert testimony as contrasted with documentary evidence, notwithstanding respondent directly represented at hearing and respondent's representative expressing no reservations with regard to quality or probative value of expert evidence-Absence of reference to persecution of military deserters in aftermath of civil war in nation where civil rights abuses previously so notorious and where monitoring and reporting of human rights abuses continuing to be extensive, matter Tribunal entitled to take note of, rely on, to rebut presumption in favour of sworn testimony of applicant-Applicant's testimony dealing primarily with subjective fear, not question of persecution of persons similarly situated.