De Chinelli v. Canada ( Minister of Employment and Immigration )
IMM-268-93
Cullen J.
7/2/94
9 pp.
Application for judicial review of decision Convention Refugee Determination Division (CRDD) of Immigration and Refugee Board applicant not Convention refugee -- Applicant, citizen of Uruguay, arrived in Canada in 1989 and made refugee claim on basis of political opinion and membership in particular social group: family of father, union leader in Uruguay -- When Uruguay came under control of military dictatorship, applicant's father went to Argentina in 1975 after disappearance of number of union comrades -- In 1985, military regime in Uruguay formally ended -- During father's absences, family home searched by military personnel and applicant believes phone was tapped -- Family received threatening phone calls and applicant's brother and husband abducted and beaten by "military-looking" men and questioned about father's where[ho]abouts-Board concluded claimant's fear of persecution not well-founded -- Board's decision based essentially on changes in Uruguayan government and passage of time since applicant's father left country -- Board also doubted connection between harassment and military or other state authority -- Board concluded threats and abduction of applicant's brother and husband perpetrated by private individuals whose motives did not relate to definition of Convention refugee -- Board considered change of circumstances in Uruguay and found political activity no longer restricted -- Board also concluded since crimes of former military regime essentially public knowledge, not reasonable to assume any concerned party would wish to get at applicant's father for his knowledge by going through applicant herself -- Test to determine change in circumstances: changes must be of substantial political nature, truly effective and durable -- More detailed analysis of conflicting evidence necessary to conclude changes meaningful and effective-Question not whether claimant had reason to fear persecution in past, but whether claimant at time of claim has good grounds to fear persecution for future -- Relying on father's problems, as applicant did, no longer appropriate as circumstances have changed since then -- Application dismissed -- Immigration Act, R.S.C., 1985, c. I-2, s. 2(1) (as am. by R.S.C., 1985 (4th Supp.), c. 28, s. 1; S.C. 1992, c. 49, s. 1).