Riberio v MCI 2005 FC 1363 Overturns lack of subjective fear

The Court applied the jurisprudence holding that a lack of subjective fear should only be made in the context of an adverse credibility finding citing "Shanmugarajah v. Canada (Minister of Employment and Immigration), [1992] F.C.J. No. 583, at paragraph 3 "it is almost always foolhardy for a Board in a refugee case, where there is no general issue is to credibility, to make the assertion that the claimants had no subjective element in their fear".