Canada ( Minister of Employment and Immigration ) v. Johan

T-1389-92

Denault J.

9/2/93

Application to set aside decision by member of Refugee Division respondents' claim for refugee status had credible basis -- Concluded Trinidadian authorities not in position to protect respondents effectively -- One of latter said he feared reprisals by clandestine organization for refusing to participate in bank robbery -- To decide whether claim has credible basis, credible basis tribunal must take into account situation on day of hearing -- On day of hearing organization from which respondents said feared reprisals seemed to have been rendered harmless -- No indication Trinidadian authorities unable due to civil war or serious disturbance to provide respondents with protection against reprisals from clandestine organization -- Application allowed.