Rodionova v. Canada ( Minister of Employment and Immigration )
92-A-6839
Strayer J.
7/7/93
6 pp.
Application for judicial review of Refugee Determination Division decision applicant not fearing persecution from Dagistan Mafia -- Applicant's boyfriend, member of Dagistan Mafia in Moscow, beating and confining her when attempted to leave -- When sought police protection, advised not to live with him, to run away -- After renting own apartment, stayed away from work because boyfriend looking for her there -- Panel holding fear of persecution from boyfriend not Convention reason -- Holding not member of definable social group for which might fear persecution -- Whether erred in law in deciding applicant, as Russian woman subject to family violence, not member of particular social group -- Because finding threshold test not met, not considering whether legitimate fear of persecution -- Application allowed -- Panel only addressing question of whether persecution feared was for one of five reasons recognized in opening words of Immigration Act, s. 2 definition of "Convention refugee" -- Reference to Canada (Minister of Employment and Immigration) v. Mayers, [1993] 1 F.C. 154 (C.A.); Cheung v. Canada (Minister of Employment and Immigration), [1993] 2 F.C. 314 (C.A.) -- Probably woman can belong to "particular social group" by being in danger of domestic violence without regard to whether state permits, condones, acquiesces in, or fails to prevent such violence -- Threshold test to establish refugee status -- Must still show fears persecution approved, permitted, or not effectively combatted by state in country of origin -- Latter question not addressed by panel -- Panel erred in holding "Russian women subject to wife abuse" could not be members of "particular social group" -- Whether Immigration and Refugee Board erred in holding applicant not belonging to particular social group for which might fear persecution certified as serious question of general importance -- Immigration Act, R.S.C., 1985, c. I-2, s. 2 -- Federal Court Immigration Rules, 1993, SOR/93-22, R. 18.