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Hassan v. Canada ( Minister of Employment and Immigration )

A-831-90

Heald J.A.

22/10/92

5 pp.

Appeal from Immigration and Refugee Board's decision appellant not Convention refugee -- Board basing conclusion appellant's fear of persecution not having objective basis on excerpts from Amnesty International Report dealing with human rights record of Uganda from 1986 to 1989 and from U.S. Department of State Country Reports on Human Rights Practices for 1988 -- Board's conclusions reasonably open to it based on totality of evidence adduced -- That some documentary evidence not mentioned in reasons not fatal to decision -- Immigration Act, s. 2(2) and (3) speaking of loss of Convention refugee status because of change in material circumstance in refugee's home nation -- Not altering test used to initially determine claimant's status -- S. 2(2) and (3) not applicable unless first fall within statutory definition of Convention refugee in s. 2(1) -- To establish Convention refugee status must meet both subjective and objective threshold -- In finding situation in Uganda changed, Board concluding fear of persecution not having objective element necessary to make it well-founded -- Immigration Act, R.S.C., 1985, c. I-2, s. 2.

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