Sandhu v. Canada ( Minister of Citizenship and Immigration )
IMM-923-97
Dubé J.
16/2/98
9 pp.
Application for judicial review of decision of Refugee Division (panel) determining applicant not Convention refugee-Applicant, citizen of India of Sikh faith, claimed refugee status alleging well-founded fear of persecution for reasons of political opinion-In decision, panel found applicant tortured but, as result of changed circumstances in Punjab, no objective basis for fear of persecution should he return to country-Issue whether panel erred in finding change of circumstances, refusing to apply Convention against Torture or failing to consider Immigration Act, s. 2(3)-Applicant had to establish objective basis for fear at time of hearing-Change of circumstances pure question of fact-No prescribed legal test for determining whether change of circumstances in country-Panel committed no error of fact which would justify intervention of Court when it found change of circumstances in Punjab, which means there is no objective basis for applicant's fear-Panel did not have jurisdiction to apply Convention against Torture as no express provision in its enabling legislation-Panel's role to determine whether person is refugee within meaning of Geneva Convention-Convention against Torture not incorporated into Canadian law-Act, s. 2(3) allowing panel to grant claimant refugee status even though fear no longer has objective basis due to change in circumstances, if claimant suffered such appalling persecution experience alone compelling reason not to return him to his country-This provision not raised at hearing and panel not required to consider applying it-Application dismissed-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).