What is the test for determining whether there is a delay in applying for refugee status?

On the issue of delay, the case law tells us that the element of delay depends on the circumstances of each case and that the more inexplicable the delay, the greater the probability that subjective fear is absent: Espinosa v. M.C.I., 2003 FC 1324 at paragraph 5. The panel was then entitled to consider the delay, but had to do so while considering all of the evidence. In this case, the applicant had explained that she had no intention of claiming refugee status before the war began. It was not until after her children called in September, the precipitating event, that she decided in October to seek the protection of Canada as a sur place refugee. This explanation was not accepted by the panel. It was simply noted that there had been a five-month delay. The panel was led to “strongly doubt” that the applicant feared returning to her country based on this delay. In my opinion, the panel erred in not specifically addressing the applicant’s explanation on the issue of the delay. This explanation could have affected the panel’s finding.