CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Convention Refugees |
Gavryushenko v. Canada (Minister of Citizenship and Immigration)
IMM-5912-99
Lutfy A.C.J.
26/7/99
5 pp.
Application for judicial review of Refugee Board decision refusing to grant plaintiff Convention refugee status--Plaintiff citizen of Russia and alleged valid fear of persecution for political opinion opposing war conducted by Russia in Chechnya and membership in particular social group objecting to fascist organizations operating in Russia--Tribunal concluded plaintiff's version not credible--Did not express itself in clear and unambiguous language in justifying conclusion plaintiff's testimony not trustworthy--Tribunal made no reference in reasons to plaintiff's evidence of series of events allegedly related to fear of persecution and having occurred after his arrival in Canada in March 1999--Tribunal should have provided clear and unambiguous explanation of refusal to accept connection between events, which plaintiff claimed occurred after arrival in Canada, and prior acts of persecution of which plaintiff complained--Fact person does not seize first opportunity of claiming refugee status in signatory country may be relevant factor in assessing credibility, but not constituting waiver of right to claim that status in another country--Plaintiff's right to clear and unambiguous reasons respecting credibility not observed by tribunal--Application allowed.