Fofanah v. Canada ( Minister of Citizenship and Immigration )
IMM-4795-97
Muldoon J.
16/7/98
11 pp.
Judicial review of CRDD's decision applicant not Convention refugee-Applicant citizen of Sierra Leone-Captured by rebel soldiers in 1995-Escaped after two weeks-When reunited with mother, sister learning father, uncle murdered by rebel soldiers-Fled to Freetown where harassed by Major Mansaray who claimed applicant promised in marriage to him-Complaints to police, military ignored-Harassment culminating in rape, severe beating-Two weeks after release from hospital, applicant fleeing to Guinea-Although later returning to Freetown, remained in hiding except for one month when Major Mansaray out of country-During that time applicant married fiancé-Husband forced to leave country for alleged involvement in planning coup-Major Mansaray continuing threats-Applicant arriving in Canada in 1996-Fears returning to Sierra Leone on basis of political opinion ascribed to her due to her connection with former civilian government, husband's stance against military government, fact Major Mansaray's actions gone unpunished-CRDD finding fear of military government because husband, father seen as opponents to regime not well-founded, noting that particular regime long ago ceased to hold office-Application allowed-Simple change in military government in Sierra Leone not meaning CRDD can evade responsibility to assess whether reasonable possibility applicant will be persecuted in event returned there-Focus not on whether change in government, but whether change in government meaning end to applicant's fear of persecution-Mandates assessment as to whether political opinions attributed to applicant also perceived as threat to current military regime-Examination of circumstances should be approached from perspective of persecutor: Canada (Attorney General) v. Ward, [1993] 2 S.C.R. 689-CRDD erred in not making such assessment-CRDD finding applicant lived without objective basis for fear for three months-Error in length of time material, in light of total time spent by applicant in Sierra Leone from time of initial attack-In light of error, and of CRDD's failure to assess whether applicant's perceived political opinion will lead to possibility of persecution, matter remitted back to CRDD for redetermination.