Shahpari v. Canada ( Minister of Citizenship and Immigration )
IMM-2327-97
Rothstein J.
3/4/98
7 pp.
Application for judicial review of panel decision Convention, Art. 1(E) applied to applicants, excluding them from definition of Convention refugee-Applicants, mother and daughter, citizens of Iran, moved to France in 1984 and obtained permanent residence there in 1991, "carte de résidence" (residence card) valid until 2001-Applied for Convention refugee status in Canada in 1994, having left France with "exit/re-entry" visas-When refugee application hearing held in May 1997, "exit/re-entry" visa had expired-Mother had destroyed Iranian passport and French residence card-Therefore saying had no right to return to France and Convention, Art. 1(E) (Convention not applicable to person recognized by country of residence as having rights and obligations attaching to possession of nationality of that country) did not apply to her-Relevant time for consideration of right to return to France time of hearing before panel-Panel found mother held "full" residence card renewable in 2001 and, as holder of card, had right to exit and return to France; Art. 1(E) therefore applicable, making applicants excluded from Convention refugee definition-Application dismissed-Onus on government to establish reasonable grounds for excluding claimants-Exit/re-entry visa to which full card holder entitled may also be renewed or new one obtained-Onus on applicant to demonstrate why, having destroyed card, could not apply and obtain new one-Once respondent submitted prima facie evidence which would enable panel to conclude applicants could return to France, onus shifted to applicants to show they could not-Applicants have not satisfied that onus-Legislative anomalies or "loopholes" of kind that arose in Wassiq v. Canada (Minister of Citizenship & Immigration) (1996), 33 Imm. L.R. (2d) 238 (F.C.T.D.) will not be given broad application so as to assist Convention refugee claimants who engage in asylum shopping-Actions taken by applicants intended to result in their not being able to return to country which has already granted them Convention refugee status may well evidence absence of subjective fear of persecution in their original country from which they purport to be seeking refuge-United Nations Convention Relating to the Status of Refugees, July 28, 1951, [1969] Can. T.S. No. 6, Art. 1E.