Osei v. Canada ( Secretary of State )
IMM-4839-93
Reed J.
14/7/94
7 pp.
Appeal from Immigration and Refugee Board's decision changes in applicants' country removed objective basis for fear of persecution claimants may have felt at time of departure -- Applicants, citizens of Ghana, had hearing of refugee claim three months after new constitution declared in Ghana but before parts of it came into force -- Issue proper test applicable in situation where changes in country which applicants left prior to hearing of claim for refugee status in Canada -- Conflicting case law in Federal Court as to proper test -- Number of questions certified in number of cases but Court of Appeal has not had opportunity to answer and provide guidance -- Not satisfactory situation for applicants or for members of Board that Judges of Trial Division continue to make decisions applying formulation of test which each considers to be most accurate, pending guidance from Court of Appeal -- Unfair in circumstances to dispose of case before decision on issue of proper test rendered by Court of Appeal -- No order until after Court of Appeal has given guidance in Alvarado v. Canada (Minister of Employment and Immigration) (IMM-2057-93) or in some other case respecting applicable legal test and burden of proof in cases involving changed country conditions -- If respondent wishing to have question of appropriate test certified herein, possible to entertain such application.