Manorath v. Canada ( Minister of Citizenship and Immigration )
IMM-2369-94
Cullen J.
26/1/95
6 pp.
Judicial review of decision applicant, citizen of Guyana, not Convention refugee -- Applicant fearing persecution based on race, religion, political opinion, membership in particular social group (women) -- Beaten by soldiers -- Although incidents reported to police, no action taken because of membership in political party -- Applicant practising Hindu -- Drunken supporters of another political party twice interrupting religious ceremonies, entering applicant's home, threatening her, robbing guests -- Single mother, often beaten by husband -- Threatening to kill her if returning to Guyana -- Board considering (1) change of country conditions in Guyana; (2) applicant would not be persecuted on religious grounds if returned to Guyana as harassment endured not instigated by state; (3) Guyanese state could protect applicant from spousal abuse -- Application dismissed -- (1) Board's decision re: change of country conditions grounded on number of findings relating to change of government, changes in attitude towards spousal abuse -- F.C.A. in Yusaf v. Canada (Minister of Employment and Immigration), A-130-92, Hugessen J.A., judgment dated 5/1/95, clarifying "changed circumstances" question of fact, not of law -- Although Board relying on subsequently clarified case law, no error in conclusion -- Court reluctant to interfere with Board's findings of fact, unless truly erroneous -- Board not ignoring documentary evidence -- (2) Board considered issue of domestic violence seriously although not specifically referring to newspaper articles attesting to spousal abuse, proposed legal changes -- Board need not refer to each piece of evidence provided considers totality of evidence presented -- Evidence not contradictory of Board's finding -- (3) Must be objective basis to claim state cannot provide protection since presumed state capable of protecting citizens -- Board finding Guyanese state taking steps to protect women in situations of domestic violence and in absence of contradictory evidence must be presumed steps will be effective.