![]() Although there was evidence that Yoli might be subjected to harm if he returned to Argentina, he failed to demonstrate that such harm or threat was connected to his political opinion or one of the other enumerated grounds in the definition of Convention refugee. The Minister argued that this was a question of fact within the board's expertise, and as such it should be accorded significant deference. Yoli argued that the board erred in holding that there was no nexus between his fears and any of the enumerated grounds in the Convention refugee definition. The board accepted his testimony as credible and trustworthy, but found that his fear of a criminal gang did not have a nexus to any of the grounds given in the Convention definition. The death threats eventually forced him to flee the country. After leaving the group, Yoli began to be subject to death threats over a five-year period. He witnessed a murder carried out by Boca and was able to identify the perpetrators. Yoli refused to participate in the gang's criminal activities. Although associated with soccer, Boca was also a criminal gang. Yoli was a 28-year-old citizen of Argentina and a member of the Boca Juniors soccer fan club. The Minister of Citizenship and Immigration, respondentĪliens and immigration Admission, refugees "Political opinion" defined Appeals or judicial review, whether claim reasonable.Īpplication by Yoli for judicial review of a decision of the Convention Refugee Determination Division that he was not a convention refugee. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. UNHCR is not responsible for, nor does it necessarily endorse, its content. Heard: 10 December 2002 Judgment: 30 December 2002. 1823 20 , Canada: Federal Court, 30 December 2002, available at: Canada (Minister of Citizenship and Immigration), F.C.J.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |