Hlavaty v. Canada ( Minister of Employment and Immigration )
A-996-92
Tremblay-Lamer J.
27/10/93
10 pp.
Application for judicial review of decision by Convention Refugee Determination Division applicant not Convention refugee -- Applicant, citizen of Czech and Slovak Republic, claiming refugee status on grounds of nationality, political opinion and membership in particular social group-Arrested in 1990, detained, beaten and interrogated -- Warned to stay out of Slovakian independence movement -- Tribunal finding claimant generally credible -- Concluding applicant would not face persecution upon return to Slovakia -- Valid "internal flight alternative" found to exist -- Tribunal quoting from significant number of documentary sources in evaluation of conditions in Slovakia and across Federation -- Open to it to conclude on basis of such evidence -- Change in circumstances occurring prior to determination of claim must be considered by Board when assessing objective basis to claimant's fear -- Nature and extent of change in circumstances must be significant, material, substantial, meaningful and effective -- No error in tribunal's assessment of changes in circumstances -- Changes in question sufficiently fundamental and durable -- Significant changes to judicial process and powers of police -- Existence of internal flight alternative integral to determination whether claimant Convention refugee-Reasonable for claimant to have sought refuge in another part of country -- Application dismissed.