Arguello-Garcia v. Minister of Employment and Immigration, (1993) 70 F.T.R. 1 (TD)

• Judge: McKeown, J.
• Court: Federal Court (Canada)
• Case Date: June 15, 1993
• Jurisdiction: Canada (Federal)
• Citations: (1993), 70 F.T.R. 1 (TD)

Arguello-Garcia v. MEI (1993), 70 F.T.R. 1 (TD)

MLB headnote and full text

Jacobo Ignacio Arguello-Garcia (applicant) v. The Minister of Employment and Immigration (respondent)

(A-7335-92)

Indexed As: Arguello-Garcia v. Minister of Employment and Immigration

Federal Court of Canada

Trial Division

McKeown, J.

June 23, 1993.

Summary:

The Refugee Division found the applicant, a native of El Salvador, not to be a Convention refugee. The applicant applied for judicial review of the decision.

The Federal Court of Canada, Trial Division, allowed the application and remitted the matter for reconsideration by a differently constituted panel.

Aliens - Topic 1323.2

Admission - Refugees - Persecution - Protection of country of nationality - The applicant and his family suffered severe persecution in El Salvador - The Refugee Division found the applicant not to be a Convention refugee - The Federal Court of Canada, Trial Division, held that the applicant fell within the "special or limited category of persons" to whom s. 2(3) of the Immigration Act applied - Compelling reasons justifying his refusal to avail himself of the protection of his country of origin were the past persecution; his continued psychological and emotional suffering; and a justifiable subjective fear of returning despite certain changed conditions in El Salvador.

Cases Noticed:

Rajudeen v. Minister of Employment and Immigration (1984), 55 N.R. 129 (F.C.A.), refd to. [para. 3].

Surujpal v. Minister of Employment and Immigration (1985), 60 N.R. 73 (F.C.A.), refd to. [para. 10].

Oyarzo v. Minister of Employment and Immigration, [1982] 2 F.C. 779 (F.C.A.), refd to. [para. 10].

Minister of Employment and Immigration v. Obstoj (1992), 142 N.R. 81 (F.C.A.), refd to. [para. 12].

Statutes Noticed:

Declaration of Human Rights, art. 5 [para. 10].

Immigration Act, R.S.C. 1985, c. I-2, sect. 2(2)(e) [para. 11]; sect. 2(3) [para. 10].

Authors and Works Noticed:

Concise Oxford Dictionary of Current English (1990) [para. 16].

UNHCR Handbook, generally [paras. 13, 22].

Counsel:

Brenda Wemp, for the applicant;

Bridget O'Leary, for the respondent.

Solicitors of Record:

Brenda Wemp, Toronto, Ontario, for the applicant;

John C. Tait, Q.C., Deputy Attorney General of Canada, Ottawa, Ontario, for the respondent.

This application was heard in Toronto, Ontario, on June 15, 1993, before McKeown, J., of the Federal Court of Canada, Trial Division, who originally delivered reasons for judgment on June 23, 1993, but on November 10, 1993, issued the following amended reasons replacing the original reasons for judgment.