Kassim v. Canada ( Minister of Employment and Immigration )
A-700-92
Wetston J.
9/9/93
8 pp.
Application to set aside Refugee Division's decision applicants not Convention refugees -- Applicants from Kenya -- Refugee claim based on well-founded fear of persecution on grounds of political opinion, membership in particular social group -- Husband actively opposing regime of President Moi and ruling KANU party -- Police subjecting wife to beating, resulting in miscarriage, hospitalization -- Husband arrested, detained, interrogated, beaten in connection with multi-party democracy rally -- Ordered to stay away from rally and to report to police weekly -- Continuing to promote rally in secret -- Upon learning police intending arrest him after rally, family travelling to Nairobi prior to rally to assess situation, thereby failing to report to police as required -- Realizing seriousness of Moi regime's response to now-banned rally, family deciding to seek asylum in Canada -- 1991 psychiatric assessment of wife indicating suffering from post-traumatic stress disorder -- Board holding husband's fear of persecution lacking objective basis because of change of circumstances in Kenya, including repeal of constitutional provision two months prior to hearing banning opposition parties -- Holding wife's fear of persecution not well-founded as difficulties related to husband whose fear of persecution not well-founded -- Application allowed -- Board erred in finding change in circumstances sufficient to negate objective basis to husband's fear -- Application of guiding principles set out in case law for determining nature and extent of change required to justify denial of refugee status -- No change in government -- Lamentable human rights record of Moi regime longstanding -- Repeal of constitutional provision insufficient to constitute "clear indication of the meaningful and effective change which is required" -- Immigration Act, R.S.C., 1985, c. I-2, ss. 46.04 (as enacted by R.S.C., 1985 (4th Supp.), c. 28, s. 14), 58(4) (as am. idem, s. 18) -- Convention Refugee Determination Division Rules, SOR/89-103, s. 16.