Brown v. Canada ( Minister of Citizenship and Immigration )
IMM-2586-94
Richard J.
23/6/95
4 pp.
Application for judicial review of Board decision applicant not Convention refugee -- Applicant contending Board erring in failure to apply Act, s. 2(3) requiring authorities to grant Convention refugee status on humanitarian grounds to special and limited category of persons suffering such appalling persecution as to constitute alone compelling reason not to return even in absence of further persecution (Canada (Minister of Employment and Immigration) v. Obstoj, [1992] 2 F.C. 739 (C.A.))-Obstoj decision noting such exceptional circumstances applying only to tiny minority of present day claimants -- Application of s. 2(3) raised only in post-hearing written submissions, not before panel during hearing -- Baffoe v. Canada (Minister of Citizenship and Immigration) (1994), 85 F.T.R. 68 (F.C.T.D.) decision setting aside Board's negative finding and referring matter back to Board with notation to consider s. 2(3) evidence not requiring Board to consider s. 2(3) in every case as decision set aside on different ground, i.e. error in analysis of change in country conditions and adverse finding of past persecution -- Onus of establishing compelling reasons against return pursuant to s. 2(3) resting with claimant -- Application dismissed -- Immigration Act, R.S.C., 1985, c. I-2, s. 2(3).