Castellanos v. Canada ( Minister of Citizenship and Immigration )
IMM-2082-94
Gibson J.
18/10/94
6 pp.
Application for judicial review of decision by Convention Refugee Determination Division (CRDD) applicant not Convention refugee under Immigration Act, s. 2 -- Applicant citizen of El Salvador -- Claiming Convention refugee status on alleged well-founded fear of persecution if required to return to El Salvador on basis of political opinion, membership in particular social group -- Applicant left El Salvador in July 1991, arrived in Canada in March 1993 -- CRDD determining claim by deciding whether, in light of changes occurred in El Salvador since applicant's departure, latter would face more than mere possibility of persecution by either of putative persecutors should he return there -- No Court decision adopting position changes must be durable with no possible chance of reversal in future -- "Durability" concept expressed in CRDD's decision would establish impossible threshold for changed country conditions -- CRDD's analysis of documentary evidence sufficient to support conclusion -- Application dismissed -- Question certified in terms proposed by counsel-Immigration Act, R.S.C., 1985, c. I-2, s. 2.