Maldonado v. Canada ( Minister of Employment and Immigration )
A-1165-92
Gibson J.
26/1/94
6 pp.
Application for judicial review of CRDD decision applicant not Convention refugee -- Applicant from El Salvador -- Refugee claim based on political opinion, membership in particular social group -- Provided nursing assistance to wounded members of Farabundo Marti National Liberation Front (FMNLF) on three occasions in December 1989 after which not returning home -- Persons unknown enquiring as to whereabouts -- Fearing military if found out about humanitarian aid provided and FMNLF if concluded applicant collaborated with military since severing contact with them -- Receiving death threat after Christmas -- Fleeing country, claiming Convention refugee status day of arrival in Canada -- CRDD hearing commencing January 9, 1992 -- Peace accord implemented in El Salvador on February 1 -- Hearing concluded March 6 -- CRDD concluding mere possibility of persecution based on changes in El Salvador -- Application allowed -- Whether expressed as meaningful and effective change, fundamental and significant change of proven durability, or significant, effective and durable change, test proposed by James Hathaway in The Law of Refugee Status, Toronto: Butterworths, 1991 for changing country conditions specifically adopted by F.C.A. -- While evidence cited by CRDD may disclose concrete plan of action, falling far short of demonstrating fundamental and significant change of proven durability or significant, effective and durable change only some five weeks after implementation of accord.