Bhuiyan v. Canada ( Minister of Employment and Immigration )
92-A-6737
MacKay J.
13/9/93
11 pp.
Application for judicial review of decision of Immigration and Refugee Board applicants not Convention refugees-Claim based on fear of persecution in Bangladesh because of political opinion -- Applicant seeking to promote democracy in Bangladesh, critical of government corruption -- Threatened with violence and death by local supporters of BNP party -- Leaving Bangladesh for United Arab Emirates in April 1980 as fearing for safety -- Perceived conditions improved sufficiently to warrant return to Bangladesh in 1984 -- Applicant arriving with family in Canada in September 1989 as visitors -- Warrrant issued against him in May 1989 still outstanding -- Applicant threatened with arrest and detention pending trial of charges upon return to Bangladesh -- Tribunal making no reference to credibility, evidence of applicant-Decision turning on assessment of changed conditions within Bangladesh -- Applicant urging changes within Bangladesh not effective or durable -- Tribunal, in assessing changes in conditions, must weigh evidence and determine whether changes in conditions affect claim to refugee status so as to eliminate any reasonable chance of persecution if claimant were to return -- Words of Immigration Act, s. 2(2)(e) not imposing burden to establish reasons have ceased to exist by reference to any general standards-In relation to changes in country circumstances, no requirement to establish change is either effective, durable or substantial -- Only requirement evidence of change -- Tribunal concluding changes in political regime in Bangladesh following resignation of President Ershad -- Conclusion, based on evidence before tribunal, cannot be said to be perverse or capricious -- Tribunal's decision considering significance of changed conditions in Bangladesh in relation to applicant's claim to refugee status -- No error made by tribunal under Federal Court Act, s. 18.1 -- Questions proposed by applicant not certified for consideration by Court of Appeal -- No serious question of general importance raised herein concerning criteria to be considered in assessing evidence of change in country conditions -- Application dismissed -- Immigration Act, R.S.C., 1985, c. I-2, s. 2(2)(e).