Yeboah v. Canada ( Minister of Employment and Immigration )
92-A-7049
Teitelbaum J.
16/7/93
14 pp.
Application to review Convention Refugee Determination Division's (CRDD) decision applicant not Convention refugee -- Applicant, citizen of Ghana -- After criticizing government, applicant and two colleagues, without formal charges being laid, arrested, beaten several times -- Under surveillance after release -- Later accused of aiding departure of two dissidents -- Again detained, tortured -- Suspended from work without pay -- Began attending Movement for Freedom and Justice (MFJ) secret meetings -- Learned about MFJ through widely distributed pamphlets -- Interrogated repeatedly -- Fearing long-term detention without trial -- Fled to Canada -- Alleging letter from sister indicating Bureau of National Investigation looking for him and letter from friend warning him not to return to Ghana, although neither letter produced -- CRDD holding applicant not credible as implausible claimant would learn about secret meetings of organization for democracy through media, pamphlets -- Holding inconsistent with testimony applicant would be unaware of recent political changes in Ghana i.e. legalization of political parties -- Criticized applicant for not inquiring into fate of colleagues, and for not producing letters -- Finding even if applicant credible, central issue whether claimant would face persecution if returned to Ghana -- Definition of "Convention refugee" referring to "well-founded fear of persecution" -- Application allowed -- CRDD erred in interpretation of definition of Convention refugee -- By stating issue whether applicant would suffer persecution, CRDD raised standard of proof required -- As to credibility, applicant's sworn testimony deemed truthful unless reasonable grounds to find otherwise -- Board may not have considered all relevant evidence -- Conclusion inconsistencies regarding how applicant aware of MFJ meetings or applicant not familiar with recent political developments in Ghana not borne out by evidence -- CRDD directed mind to irrelevant considerations, made unreasonable inferences -- Conclusions applicant not inquiring into fate of colleagues and acquiring information about MFJ meetings from media based on extrinsic criteria rather than internal contradictions -- Relied on evidence not properly before it when emphasized recent democratic elections in Ghana which occurred after hearing -- Applicant denied right to know and meet case against him -- Immigration Act, R.S.C., 1985, c. I-2, s. 2 (as am. by R.S.C., 1985 (4th Supp.), c. 28, s. 1).