Youssef v. Canada ( Minister of Citizenship and Immigration )
IMM-990-98
Teitelbaum J.
29/3/99
14 pp.
Judicial review of Immigration and Refugee Board's decision allowing application for cessation of refugee status-Applicant granted Convention refugee status in February 1996 based on fear of violence, torture after husband embraced fundamentalist religious convictions-In April 1996 applied for permanent residence for herself, four children-Listed husband as dependant outside Canada-Submitting husband changed, children require his presence, but not expecting to live with him again-Board holding reasons leading to grant of Convention refugee status no longer existing because applicant requesting husband's presence in Canada, claiming no longer violent-Applicant alleging Minister not discharging burden of showing "substantial, meaningful, durable change" warranting cessation of refugee status-Application denied-Test, as stated by Professor James C. Hathaway in The Law of Refugee Status, Toronto: Butterworths, 1991 and in Barabhuiyan v. Canada (Minister of Employment and Immigration), 92-A-998, TremblayLamer J., judgment dated 30/11/93, not reported, referring to political, social change in country of origin-Test not applicable as applicant not basing refugee claim on how political, social circumstances in Lebanon affected her, but on personal circumstances related to behaviour, religious convictions of husband-Totally unreasonable to try to determine whether person's religious convictions, regrets changed to point one could conclude substantial, meaningful, durable change-Board not erring in not applying legal test to applicant's situation-Furthermore, issue of change of circumstances question of fact: Yusuf v. Canada (Minister of Employment and Immigration) (1995), 179 N.R. 11 (F.C.A.)-As question of fact whether situation political change of circumstances in country of origin or simply change in personal circumstances of individual for which claimed Convention refugee status, Board could conclude applicant's "original" fear no longer existing-In such applications, burden on Minister to show cessation of refugee status-Minister not having burden herein to show applicant's husband changed, and change durable, but must show change taking place, and change significant-Based on applicant's statements as to how husband changed, apparent wants to live with husband as children need father-Board's decision not unreasonable-Immigration Act, s. 2(2)(e) stating person ceases to be Convention refugee when reasons for fear of persecution in country person left cease to exist-No reasons continuing to exist to believe applicant refugee-Immigration Act, R.S.C., 1985, c. I-2, s. 2(2)(e) (as am. by R.S.C., 1985 (4th Supp.), c. 28, s. 1).