CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Convention Refugees |
Asfaw v. Canada (Minister of Citizenship and Immigration)
IMM-5552-99
Hugessen J.
18/7/00
4 pp.
Application for judicial review of decision by Immigration and Refugee Board applicant not Convention refugee--Applicant submitted Board erred in fact, in law in determining applicant not refugee sur place, in joining applicant's claim with that of another claimant--With regard to refugee sur place issue, Board found applicant's participation in demonstration outside Ethiopian embassy in Ottawa opportunistic--Board entitled to infer from surrounding circumstances applicant indeed created occasion, opportunity for purposes of supporting refugee claim--Convention refugee claimant must demonstrate objective, subjective basis for claimed fear of persecution--Board's examination of motives underlying claimant's participation in demonstrations such as this one in order to determine whether claimant had genuine subjective fear not irrelevant matter--Determination reached on subject open to Board on evidence --Question of joinder of refugee claims one which CRDD Rules leave to discretion of Board itself--Test whether joinder caused serious injustice to any of parties whose claims have been joined--No injustice caused to either of two claimants--Claimants both young people at school together in same town in Ethiopia--Left country together, travelled together here--Stories at least superficially very similar--No basis upon which injustice caused to claimant by joinder--Application dismissed--Convention Refugee Determination Division Rules, SOR/93-45.