Gyamfuah v. Canada ( Minister of Employment and Immigration )
IMM-3168-93
Simpson J.
3/6/94
8 pp.
Application for judicial review of Convention Refugee Determination Division's decision applicants not Convention refugees -- Applicant and daughter, citizens of Ghana, claiming refugee status on basis of political opinion and membership in particular social group -- Applicant fears she will be imprisoned indefinitely, as hostage in place of uncle, if returns to Ghana -- Board misstated evidence -- Onus not on applicant to demonstrate authorities continued to search for applicant after departure -- In determining whether applicant meeting definition of Convention refugee, Refugee Division has jurisdiction to consider evidence to determine whether Immigration Act, s. 2(3) applying, allowing applicant to be granted Convention refugee status even though objective basis for fear of persecution no longer existing -- Whether Board's finding in respect of changed country conditions withstanding judicial review -- Applicant cannot succeed in Convention Refugee claim if changed country conditions removed objective foundation for fear of persecution -- Whether changes meaningful and effective enough to render genuine fear of appellant unreasonable and without foundation -- Unlikely for authorities to free convicted dissidents and to continue persecuting relative of dissident, who has never been convicted and no longer living in Ghana -- If credible evidence of past persecution and s. 2(3) argued on applicant's behalf, Board should deal with issue in reasons if only to say facts do or do not justify application of s. 2(3) -- Application dismissed -- Immigration Act, R.S.C., 1985, c. I-2, s. 2(3).