Rivera v. Canada ( Secretary of State )
IMM-4967-93
Nadon J.
17/2/94
4 pp.
Application for judicial review of Refugee Division's negative decision -- Board found claimants could not reasonably avail themselves of protection of State when left El Salvador but, as change of circumstances in El Salvador had significant impact on applicants' claim, applicants did not have good grounds to fear persecution -- Proper test whether change in country conditions meaningful, effective and durable, not, as Board considered, whether change in country conditions had significant impact on applicant's claim -- While Board considering change in El Salvador meaningful, decision not addressing issue of durability -- Change must be meaningful and effective -- "Effective" implies element of durability -- Change in El Salvador not durable -- Board's decision set aside and matter referred back to new panel for reconsideration.