Ahortor v. Canada ( Minister of Employment and Immigration )
93-A-237
Teitelbaum J.
14/7/93
17 pp.
Application to review Convention Refugee Determination Division's (CRDD) decision applicant not Convention refugee -- Applicant from Ghana -- Claiming Convention refugee status based on political opinion and membership in particular social group -- Arrested by Ghana Security Service for suspicion of planning to overthrow government -- During 10-day detention remained nude, beaten and whipped with soldiers' guns -- Released on order of cousin's husband, Major Boateng -- Father also arrested, released on same dates -- Father's company seized by government -- Obtained tourist visa to visit Canada -- When informed 10 days after release soldiers again searching for him with orders from Major Boateng's superior to shoot him, decided to leave Ghana -- Major Boateng assisted departure -- Since arrival in Canada, learned father arrested June 9, 1991 and not heard from since -- Fearing detention, torture if returned to Ghana -- Testifed people detained indefinitely without trial in Ghana and such detentions not reported as press not free -- CRDD finding crucial aspects of applicant's testimony not credible or trustworthy, applicant's evidence not borne out by documentary evidence -- Doubted Major would not have any influence over prevention of attempted arrest mere 10 days after ordering applicant's release -- Also relied on absence of documentary evidence corroborating contention father arrested or that applicant suspected of coup plot -- Application allowed -- CRDD erred in law in concluding applicant's testimony not credible -- CRDD cannot find lack of credibility where inconsistencies upon which finding based, not supported by evidence -- Presumption applicant's sworn testimony true unless valid reasons to doubt truthfulness -- No valid reason for CRDD's conclusion -- Any inconsistency with respect to power of Major Boateng reasonably explained by applicant's evidence -- According to case law, not open to CRDD to draw adverse inferences because Major assisted applicant, father first time arrested -- Evidence to support such finding not on record -- Applicant not required to provide documentary evidence of arrest -- Failure to offer documentation of arrest not related to credibility in absence of evidence to contradict allegations -- Documentary evidence explaining why arrest records not available, confirming applicant's testimony -- In absence of evidence to contrary, not open to CRDD to draw negative inference from lack of news coverage of father's arrest without regard to evidence explaining why news of arrest not reaching public attention.