Magana v. Canada ( Minister of Employment and Immigration )
A-1670-92
Rothstein J.
10/11/93
5 pp.
Application for judicial review of Immigration and Refugee Board decision applicant not Convention refugee -- Applicant citizen of El Salvador -- Application for Convention refugee status based on fear of persecution by Farabundo Marti National Liberation Front (FMNLF) and police authorities -- FMNLF threatening violence and death if resisted recruitment -- As result of threats to family from FMNLF, applicant deserting police force, fleeing to Honduras, then to Canada -- Peace accord entered into in El Salvador on February 1, 1992 ending 12 years of war -- Refugee claim heard May 8 and June 17, 1992 -- Decision rendered September 18, 1992 -- Application allowed -- Immigration tribunal must have some regard for meaningfulness, effectiveness, durability of change in country conditions to remove objective basis of well-founded fear of persecution -- Panel's conclusion herein derived from articles published before or at time of peace accord and less than three months thereafter -- Merely preliminary, tentative indications of effect of changes, especially in light of contrary evidence before panel from later article that peace process in danger and death squad activity continuing -- Evidence relied upon not addressing legal test of change in country conditions being meaningful, effective -- Not supporting conclusion only mere possibility of persecution as result of changed country conditions should applicant be returned to El Salvador -- Board erred in law by ascribing to evidence meaning could not reasonably bear.