CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Convention Refugees |
Khaioutine v. Canada (Minister of Citizenship and Immigration)
IMM-2067-99
Dawson J.
9/6/00
12 pp.
Application for judicial review of IRB decision applicants not Convention refugees--Both applicants citizens of Russia--Claimed Convention refugee status in Canada on ground of well-founded fear of returning to Russia by reason of Jewish ethnicity--Personal Information Form disclosing male applicant received medical doctor diploma--Board erred in making findings of credibility against each applicant--Whether Board's conclusion "no clear and convincing evidence that the state is unable to offer protection" correct--Board in analysis referencing only two incidents related by applicants in context of state protection--Board's analysis failing to have regard to evidence contained in documentary evidence filed before it--Board erred, reached conclusion with respect to state protection without regard to material before it--Application allowed.