CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Convention Refugees |
Pavlov v. Canada (Minister of Citizenship and Immigration)
IMM-4401-00
2001 FCT 602, Heneghan J.
7/6/01
8 pp.
Application for judicial review of decision by Immigration and Refugee Board applicants not Convention refugees--Applicants citizens of Russia--Male applicant claimed Convention refugee status based on fear of persecution due to Jewish nationality--Wife based claim on membership in particular social group, that being non-Jewish spouse of Jewish person--Board finding applicants had not established well-founded fear of persecution--Applicable standard of review that of correctness as Board faced with determination of question of law, that is whether applicants fell within definition of "Convention refugee" provided by Immigration Act, s. 2(1)--Applicants had no right to qualify for citizenship in Israel--Male applicant had option to seek protection under Israeli Law of Return, but did not wish to go to Israel--Board erred in law in manner in which it purported to rely on Israeli Law of Return to reach negative credibility finding on subjective element of applicants' fear of persecution--Application allowed--Immigration Act, R.S.C., 1985, c. I-2, s. 2 (as am. by R.S.C., 1985 (4th Supp.), c. 28, s. 1; S.C. 1992, c. 49, s. 1; 1994, c. 31, s. 18; 1995, c. 15, s. 1).