CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Convention Refugees |
Choezom v. Canada (Minister of Citizenship and Immigration)
IMM-1420-04
2004 FC 1329, von Finckenstein J.
28/9/04
7 pp.
Judicial review of Immigration and Refugee Board's decision applicant excluded from definition of Convention refugee pursuant to United Nations Convention Relating to Status of Refugees, Art. 1E--Art. 1E providing Convention not applicable to person recognized by authorities of country of residence as having rights, obligations attached to possession of nationality of that country--Applicant 30-year- old daughter of Tibetan refugees--Born in India, but considered to be citizen of People's Republic of China--As Tibetan resident of India required to renew Registration Certificate (RC) annually--Residing in India until 1994 when travelled to United States for purposes of study, employment--In 1994 obtained Identity Certificate (IC) which must carry with her along with visa when visiting India--In addition, to return to India to live, would have to obtain No Objection for Return to India (NORI), and new RC--Residing in United States until 2003 when arrived in Canada, claimed refugee protection--Board concluding applicant had normal rights, obligations of Indian citizen --Application allowed--Exclusion pursuant to Art. 1E requiring examination of all circumstances--Most relevant factor herein right of return, nature of residence--Need for annual RCs, ICs, visas, NORIs, prohibition against visiting certain locations within India antithetical to basic rights of status as nationals--Tibetans' existence in India at sufferance of Indian government--Not amounting to same basic rights of status as nationals--Board erred in concluding applicant within exclusion set out in Art. E--Evidence as to whether Tibetans may apply for Indian citizenship inconclusive--United Nations Convention Relating to the Status of Refugees, July 28, 1951, [1969] Can. T.S. No. 6, Art. 1E.