Oti-Adjeibi v. Canada ( Minister of Citizenship and Immigration )
IMM-6008-93
Cullen J.
7/12/94
6 pp.
Application for judicial review of I.R.B.'s decision applicant not Convention refugee under Immigration Act, s. 2(1)-Applicant, citizen of Ghana, claiming well-founded fear of persecution based on political opinion, membership in particular social group -- Fearing harsh, inhumane treatment if compelled to return to Ghana -- Whether Board erred in law by incorrectly applying test for change in country conditions -- Well-foundedness of fear of future persecution to be tested -- Board should consider whether evidence on record, together with past events, demonstrate applicant would objectively be at risk if returned -- Criteria to be used as objective basis for evaluating whether fear of persecution negated by change in country circumstances: changes must be (i) of substantial political nature, (ii) truly effective and (iii) shown to be durable -- Documentary evidence supporting Board's finding substantial political changes in Ghana since applicant left country-Not clear whether Board considered changes to be truly effective, durable -- Whether changes mentioned by Board deep-seated -- Burden of considering changes in relation to particular circumstances of applicant not discharged -- Board failing in application of legal test to determine change of country conditions -- Application allowed -- 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).