CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Convention Refugees |
Khalifeh v. Canada (Minister of Citizenship and Immigration)
IMM-4101-02
2003 FC 1044, Blais J.
8/9/03
11 pp.
Judicial review of decision by panel of Refugee Protection Division of the Immigration and Refugee Board (IRB) applicant not Convention refugee under Immigration and Refugee Protection Act (Act), s. 96, or a person in need of protection under Act, s. 97--Whether panel made error warranting intervention of Court in finding applicant not Convention refugee--In Rajudeen v. Canada (Minister of Employment and Immigration) (1984), 55 N.R. 129 (F.C.A.), Heald J. pointed to necessary components to satisfy definition of Convention refugee: "The subjective component relates to the existence of the fear of persecution in the mind of the refugee. The objective component requires that the refugee's fear be evaluated objectively to determine if there is a valid basis for that fear"--Applicant inconvenienced repeatedly when travelling between Jericho and Jerusalem--Did not demonstrate, however, more or less constant harassment at checkpoints between Jericho and Jerusalem, incidents where applicant had to tolerate many delays and, occasionally, embarrassing situations as result of untimely interventions of Israeli forces, amounted to persecution--Applicant never detained, arrested--Finding of panel inconveniences suffered as whole insufficient to give rise to objective fear for life, not faced with real danger of torture, unusual treatment, not unreasonable under circumstances--Not unreasonable for panel to wonder about fact applicant's wife returned to Jericho (September 2001) to liquidate family's assets when applicant believed own life would be in danger if returned to Jericho--That panel did not find applicant's explanations for delay in filing refugee claim credible not unreasonable-- Undoubtedly number of Palestinians living in occupied territories singled out for security checks, harassment by Israeli authorities, however applicant not demonstrating member of particular group--When panel discussed with applicant, at length, primary reason for coming to Canada, applicant candidly admitted financial situation, loss of jobs determinative factors in decision--Application for judicial review dismissed--Immigration and Refugee Protection Act, S.C. 2001, c. 27 , ss. 96, 97.