CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Convention Refugees |
Yamba v. Canada (Minister of Citizenship and Immigration)
A-686-98
Robertson J.A.
7/4/00
4 pp.
Appeal from Motions Judge's decision setting aside CRDD decision determining respondents not Convention refugees--Respondents claimed refugee status on basis of imputed political opinion and membership in particular social group (family membership)--Claim denied because of change in country conditions contemplated by Act, s. 2(2)(e)--At hearing, respondents did not raise issue as to applicability of Act, s. 2(3)--Motions Judge set aside CRDD's decision on ground failed to consider applicability of Act, s. 2(3), after having concluded s. 2(2)(e) applied--Certified question as to whether s. 2(2)(e) and (3) must be considered in sequence where CRDD has determined country conditions had changed--Appeal dismissed--Motions Judge correct in holding CRDD under obligation to consider applicability of s. 2(3) once it is satisfied that refugee status cannot be claimed because of change in country conditions under s. 2(2)(e)--Conclusion not detracting from fact s. 2(3) imposing evidentiary burden on refugee claimant to establish compelling reasons for not returning to country in which past persecution arose: Canada (Minister of Employment and Immigration) v. Obstoj, [1992] 2 F.C. 739 (C.A.)--Obligation to consider applicability of s. 2(3) arising whether or not claimant expressly invoking it--Immigration Act, R.S.C., 1985, c. I-2, s. 2(2)(e) (as am. by R.S.C., 1985 (4th Supp.), c. 28, s. 1), (3) (as am. idem, s. 2).