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Pidasheva v. Canada ( Minister of Citizenship and Immigration )

IMM-4065-93

Dubé J.

17/5/95

7 pp.

Application for judicial review of Convention Refugee Determination Division decision -- Applicant and two children claimed refugee status on account of valid fear of persecution for reasons of religion, nationality and membership in particular social group -- They said Christian religious beliefs basis of persecution in Ukraine and Israel -- Refugee Division found applicants had two countries of habitual residence, Ukraine and Israel, as use of singular also included plural in definition of "Convention refugee" in Immigration Act, s. 2(1) -- Considered possibility of persecution in both countries and concluded applicants would not risk any reasonable possibility of persecution in either country -- Under Act, s. 2 stateless person must show feared persecution in country of habitual residence -- Convention Refugee Determination Division Rules, s. 14(3) specifies last country of habitual residence -- Division erred by ignoring Rules, s. 14(3) which refers to last country of habitual residence -- Error not conclusive -- Division found applicants did not establish valid fear of persecution -- Could conclude as it did -- Application dismissed -- Immigration Act, R.S.C., 1985, c. I-2, s. 2(1)-Convention Refugee Determination Division Rules, SOR/93-45, s. 14(3).

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