Yusuf v. Canada ( Minister of Employment and Immigration )
A-130-92
Hugessen J.A.
9/1/95
2 pp.
"Changed circumstances" -- Appeal from Immigration and Refugee Board finding appellant not Convention refugee as "changed circumstances" in northern Somalia such that appellant had no well-founded fear of persecution if returned there -- Issue of "changed circumstances" in danger of being elevated into question of law whereas simply one of fact -- Change in political situation in claimant's country of origin only relevant if it may help in determining whether or not, at date of hearing, reasonable and objectively foreseeable possibility claimant will be persecuted in event of return there -- Issue one of factual determination; no separate legal test to measure alleged change in circumstances -- Use of "meaningful", "effective", "durable" only helpful if kept in mind only question, and only test, that derived from definition of Convention refugee in Immigration Act, s. 2: does claimant have well-founded fear of persecution? -- Evidence to support Board's negative finding -- No error for Board to look only at situation in northern Somalia, where appellant lived -- Evidence authorities there opposed to central government and would be willing and able to protect appellant -- Not case of Internal Flight Alternative but simply of Board deciding, as question of fact, appellant could safely return to very part of country from which fled -- Appeal dismissed -- Immigration Act, R.S.C., 1985, c. I-2, s. 2 (as am. by R.S.C., 1985 (4th Supp.), c. 28, s. 1).