Ventura v. Canada ( Minister of Citizenship and Immigration )
IMM-6061-93
Cullen J.
5/10/94
8 pp.
Application for judicial review of CRDD decision applicant not Convention refugee -- Applicant, citizen of El Salvador, claiming refugee status in Canada based on political opinion, membership in particular social group -- In 1982 conscripted to Civil Defence Force to guard neighbourhood at night, report suspects to military -- Guerrillas targeting him as responsible for deaths of guerrilla members -- Army considering him deserter -- Board holding on balance of probabilities sufficient change in country conditions applicant not having good grounds to fear prosecution; applicant failing to prove state unable to provide protection -- Application allowed -- (1) No error in application of conditions set out in Canada (Attorney General) v. Ward, [1993] 2 S.C.R. 689 in determining applicant not discharging burden of providing clear, convincing confirmation of state's inability to protect him -- (2) Board failed in application of legal test to determine change of country conditions -- Not clear from record Board considered evidence before it contending change in conditions in El Salvador not durable, violence and persecution continuing (one of criteria used as objective basis for evaluating whether fear of persecution negated by change in country circumstances) -- (3) Board erred by failing to consider relevant evidence and basing its decision on its erroneous findings.