Canada Immigration Caselaw Canada v Rutagayintabaza, Refugee status , Requirements, Joy Stephen, Polinsys

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Canada (Minister of Citizenship and Immigration) v. Rutagayintabaza

IMMIGRATION — Refugee status — Requirements

Applicant was from Rwanda — Applicant claimed refugee status based on fear of persecution by persons that were associated with 1994 genocide and who murdered members of his family — Immigration and Refugee Board found that applicant had been persecuted but refused his claim because it found that he could live safely in Town of Remera — Applicant applied for judicial review — Application granted — Applicant was not treated unfairly — It was not unfair for board to consider whether Remera would offer applicant safe place to live — Applicant was aware that viable internal flight alternative was issue at hearing and he could not have been taken by surprise by board’s consideration of that issue — However, board’s finding that there was internal flight alternative was unreasonable — Board failed to take into account applicant’s testimony that he felt his safety was constantly at risk in Remera and he could not find job there