Amaya v. Canada ( Minister of citizenship and immigration )
IMM-166-98
Teitelbaum J.
8/1/99
11 pp.
Application for judicial review of Immigration and Refugee Board decision determining applicant not Convention refugee-Applicant, citizen of Honduras, claiming refugee status for reasons of membership in particular social group-Applicant working at Terraza hotel in San Pedro Sula from April 1990 to June 1996-Applicant agreeing to be union coordinator-In June 1996, hotel owner offering applicant promotion at affiliated Spanish restaurant-Three incidents subsequently taking place-Applicant going to Criminal Investigations Directorate (CID) office to file complaint-As result of incidents, applicant deciding to quit job at restaurant-Applicant leaving Honduras for Guatemala and coming to Canada on May 18, 1997, after crossing United States-Whether Board erred in law or in fact in making decision, or failed to observe principle of natural justice-Error with respect to number of complaints filed with CID inconsequential and Board's decision not based thereon-Error does not warrant Court's intervention-Applicant argued Board erred in finding no causal connection between union activities and attacks and threats about which applicant complained-Passage applicant quoted does not show Board failed to have regard to facts or misjudged facts behind attacks and threats-Board's decision based, inter alia, on fair amount of evidence and applicant's credibility-Board made no unreasonable error in assessment of evidence or applicant's credibility-Applicant argued Board erred in finding nothing in evidence to suggest connection between employer and CID-Board master of assessment of facts, with all discretion required to assess credibility and weight thereof-Argument unsound-Board did not err in admitting into evidence information obtained from hotel's personnel director-Immigration Act, s. 68(3) provides Board not bound by rules of evidence, as long as Board considers evidence credible or trustworthy-Applicant did not show Board made error warranting Court's intervention-Application dismissed, question certified-Immigration Act, R.S.C., 1985, c. I-2, s. 68(3).