Boateng v. Canada ( Minister of Employment and Immigration )
92-A-6560
Noël J.
4/5/93
3 pp.
Immigration and Refugee Board finding applicant had well-founded fear of persecution at time fled Ghana, but not anymore as political situation improved -- Relying on dicta of Federal Court of Appeal fear of persecution must exist at time claim being considered -- Application allowed -- Mileva v. Canada (Minister of Employment and Immigration), [1991] 3 F.C. 398 (C.A.) stating question raised by claim to refugee status not whether claimant having reasons to fear persecution in past, but rather whether now at time of claim having good grounds to fear persecution in future -- Board going beyond what Court of Appeal envisaged in stating not concerned claimant may have good grounds in future, good grounds in past relevant only if no change in conditions relevant to claim -- If claimant having good grounds in future flowing from prior events giving rise to his claim, then consideration of those grounds vital[cad 211]Evidence suggesting movement towards reform in Ghana, some changes occurring -- Not indicating government no longer imprisons dissidents -- Silent as to government's policy in regard to members of Freedom and Justice Movement -- Board erred in failing to consider impact of changes on applicant's position.