CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Convention Refugees |
Cazak v. Canada (Minister of Citizenship and Immigration)
IMM-1110-01
2002 FCT 390, Blanchard J.
9/4/02
10 pp.
Application for judicial review of decision of Convention Refugee Determination Division (CRDD) Angela Marian (principal applicant), Liliana Cazak (second applicant) not Convention refugees--Applicants sisters born in Moldova, presently citizens of Romania--Convention refugee applica-tion based on well-founded fear of persecution due to membership in particular social group, specifically gender, arising from domestic abuse from principal applicant's husband--Upon moving to Romania, applicants joined rowing club where principal applicant met police officer, Marius Marian--Couple married in October 1998--Principal applicant alleging husband subjected her to sexual, physical, psychological abuse--Husband issued threats to both principal applicant, sister--Applicants came to Canada in August 1999 to participate in World Rowing Championships, did not return to Romania--CRDD determined applicants not Convention refugees as insufficient credible, trustworthy evidence applicants would be persecuted--Central issue herein reasonableness of CRDD's plausibility findings--CRDD's decision based primarily on finding principal applicant not having real fear of persecution from husband--CRDD made unreasonable inferences based on speculation, stereotypes, misconceptions, not supported by evidence before it-- CRDD's conclusions, negative inferences indicating misunderstanding of nature of domestic violence, how it affects victims--Inferences drawn, plausibility findings highly speculative, not reasonably open to CRDD--Application allowed.