CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Convention Refugees |
Kukhon v. Canada (Minister of Citizenship and Immigration)
IMM-1044-02
2003 FCT 69, Beaudry J.
23/1/03
9 pp.
Judicial review of Convention Refugee Determination Division (CRDD) decision claimants not Convention refugees--Claimants stateless Palestinians from Nablus, in Israeli-occupied West Bank--Arrived in Canada on April 11, 2001, argued existence of well-founded fear of persecution at hands of Israeli army--CRDD found insufficient credible evidence to establish well-founded fear of persecution, only mere possibility claimants would suffer persecution if returned to West Bank--Whether CRDD erred in failing to consider or make any reference to United Nations Relief and Works Agency (UNRWA)--Relevance of UNRWA registration card to refugee determination considered in El-Bahisi v. Canada (Minister of Employment and Immigration) (1994), 72 F.T.R. 117 (F.C.T.D.)--Failure to specifically consider existence of UNRWA document recognizing applicant as refugee constituted reviewable error--Fact claimants qualified for refugee protection under UN program highly relevant to determination of refugee status--In present case, no delay specified on certificate, CRDD did not make any reference to applicants' UNRWA registration documents and no evidence regarding UNRWA status had been considered--Omission constituting reviewable error-- Applicants argued CRDD erred in law in making negative credibility findings concerning failure of both claimants to reveal to visa officer in Tel Aviv claimants intended to claim refugee status in Canada--In Fajardo v. Canada (Minister of Employment and Immigration) (1993), 157 N.R. 392, Federal Court of Appeal held failure to reveal intention to claim refugee status when applying for a visa should not form basis for adverse credibility finding--In present case, CRDD clearly stated concerns about subjective fear of both male and female claimants as result of claimants' failure to reveal to visa officer intention to claim refugee status in Canada--Omissions during visa application process figure prominently in decision concerning subjective fear--CRDD decision set aside and matter referred back to CRDD for redetermination by differ-ently constituted panel--Application allowed.