Citizenship and Immigration
Status in Canada
Convention Refugees
Judicial review challenging Refugee Protection Division’s finding applicants not Convention refugees, persons in need of protection under Immigration and Refugee Protection Act, S.C. 2001, c. 27 (IRPA), ss. 96, 97—Male applicant, Guyanan, marrying female applicant, Chinese—Tribunal finding female applicant entitled to citizenship in Guyana because of spouse’s citizenship in that country—Principle under IRPA, s. 96 requiring demonstration of well-founded fear of persecution in relation to each country of nationality extended to mean that if within applicant’s control to acquire citizenship at time of hearing, then applicant must demonstrate well-founded fear of persecution in that country before claiming refugee status in Canada—Tribunal erring when, after recognizing authorities in Guyana not compelled on application to grant female applicant citizenship, opined how Minister in Guyana might exercise discretion conferred thereupon—Such circumstances not within applicant’s control—Tribunal’s finding male applicant not credible not sheltering it from making IRPA, s. 97 analysis—Male applicant fearing criminal acts, not falling within IRPA, s. 96 so s. 97 analysis needed—Also, level of tribunal’s analysis of availability of state protection inadequate— Application allowed.
Khan v. Canada (Minister of Citizenship and Immigration) (IMM-4202-07, 2008 FC 583, Lemieux J., judgment dated May 8, 2008, 12 pp.)