Ofori v. Canada ( Minister of Employment and Immigration )
IMM-3312-94
Gibson J.
14/3/95
6 pp.
Application for judicial review of decision of Convention Refugee Determination Division (CRDD) applicant not Convention refugee -- Applicant, citizen of Ghana, claiming refugee status -- Claim based on alleged well-founded fear of persecution if required to return to Ghana by reason of public expression of political opinion directly opposed to political opinion of spouse of head of state of Ghana -- CRDD defining "central issue" as effect of changes in country conditions in Ghana -- Conducting extensive analysis of documentary evidence before it -- Reviewing test for change in country conditions sufficient to defeat claim to Convention refugee status -- CRDD setting much too high test for "durability element" of Hathaway test -- Durability not meaning permanence -- Concept of meaningful and effective change implying element of durability, not in absolute sense but in comparative sense -- Reasonably open to CRDD to conclude, on evidence before it, changes in country conditions in Ghana meaningful and effective, more than 18 months having elapsed from time of democratic elections in Ghana to date of hearing before CRDD, and taking into account particular circumstances of applicant -- Sufficient to show changes more theoretical than real or that proposed changes have not taken root or matured to sufficient degree -- Open to CRDD to conclude changes consolidated during relevant period -- 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).