2.1 In 1987, the author, then a student, was arrested following mass protests
against educational reforms. In 1990, the author began teaching at a
secondary School. In 1992, he became a member of the New Patriotic Party
and represented this party at a polling station during elections in November
of the same year. Although he reported irregularities to the police, they were
ignored.
2.2 In September 1992, the author started his studies at the University for
Science and Technology in Kumasi. In January 1993, he became an active
member of the National Union of Ghana Students. On 24 March 1994, he
represented the University at the 24th Annual Congress of the Union and
spoke out against the educational reform policy of the Government and
against the frequent arrest of students. As a result of his speech, the author
was expelled from the university, together with 20 others. On 31 March
1994, following a demonstration by students to protest the Chancellor's
expulsion decision, the author was arrested and accused of inciting students
to protest against the Government. He states that he was stripped naked,
beaten and subjected to inhuman treatment by the police. After five days of
custody he was released thanks to a bribe. He subsequently fled the country.
2.3 As evidence of his allegations, the refers to a letter from his father dated
10 October 1995, in which his father informed him that the police had come
to the family's house to look for him. Moreover, he produces an attestation
by a psychologist indicating that he suffers from severe and chronic posttraumatic stress disorder. He also states that there exists a brutal dictatorship
in Ghana, where no political opposition is tolerated.
2.4 The author requested asylum in Canada in April 1994. The Immigration
and Refugee Board heard his claim for refugee status on 15 December 1994.
On 25 January 1995, the claim was rejected. The author applied for review
before the Federal Court of Canada of the decision of the Immigration and
Refugee Board, which he alleged to be manifestly unreasonable and not
based on the evidence before it. On 6 September 1995, the Federal Court of
Canada denied the application for judicial review. The author emphasizes
that such a judicial review is a very limited review to gross errors of law
rather than an appeal on the merits. Moreover, he contends that this remedy
has no suspensive effect so that an applicant can be deported while his
request is pending before the Court.
2.5 In December 1996, the author applied for administrative review by a
"post claim determination officer" under the "post-determination refugee
class in Canada" programme. This programme is an administrative review
without oral hearing which, in the vast majority of cases simply reiterates
the reasons given by the Immigration and Refugee Board for refusing the