Chavez-Menendez v. Canada ( Minister of Employment and Immigration )
IMM-170-93
Gibson J.
16/6/94
11 pp.
Application for judicial review of decision of Convention Refugee Determination Division (CRDD) applicant not Convention refugee -- Citizen of El Salvador claiming Convention refugee status based on fear of persecution if required to return to El Salvador by reason of political opinion and membership in particular social group -- CRDD basing decision on changes in country conditions in El Salvador -- Changed country conditions must be fundamental, significant and of proven durability -- Objective nature of changes must be assessed against particular circumstances of applicant in order to determine whether changes are so significant, effective and durable as to nullify objective basis of claim -- CRDD's analysis herein inadequate -- Hearing before CRDD taking place on September 28, 1992, barely eight months after peace accords for El Salvador came into force -- Documentary evidence cited by CRDD at best ambivalent as to significance, effectiveness and durability of changes in El Salvador -- CRDD committing no error, once having concluded applicant lacked objective basis to fear of persecution if required to return to El Salvador by reason of changed country conditions, in failing to consider whether applicant nonetheless entitled to Convention refugee status by virtue of Act, s. 2(3) -- Application allowed -- Immigration Act, R.S.C., 1985, c. I-2, s. 2(3) (as am. by R.S.C., 1985 (4th Supp.), c. 28, s. 1).