Villalta v. Canada ( Solicitor General )
A-1091-92
Reed J.
8/10/93
9 pp.
Application for judicial review of decision by Immigration and Refugee Board applicant not Convention refugee -- Finding based on changed country conditions in El Salvador-Board's statement of test for Convention refugee status accurate statement -- Applicant fearing forced conscription into El Salvadoran army and harassment by guerillas -- Peace treaty signed by guerillas and government of El Salvador on December 31, 1991 -- Reasoning in Canada (Minister of Employment and Immigration) v. Obstoj, [1992] 2 F.C. 739 (C.A.), not conflicting with that in Hassan v. Canada (Minister of Employment and Immigration) (1992), 147 N.R. 317 (F.C.A.) -- According to Obstoj, matters raised in Immigration Act, s. 2(2) should be considered in determining whether requirements for Convention refugee status set out in Act, s. 2(1) met -- Individual not entitled to refugee status where conditions set out in s. 2(2) exist -- S. 2(2) conditions small subset of larger circle of circumstances for cessation of refugee status-Tribunal not committing error by taking into account changed country conditions without first determining whether requirements of cessation under s. 2(2)(e) met-Documentary evidence revealing speculative doubts upon prospective durability of peace accord at beginning of process but not in later publications -- Board not committing error with respect to evaluation of evidence or conclusions drawn therefrom to justify setting aside of decision -- Application dismissed-Immigration Act, R.S.C., 1985, c. I-2, s. 2.