Canales v. Canada ( Minister of Citizenship and Immigration )
IMM-1520-98
Cullen J.
11/6/99
11 pp.
Application for judicial review of CRDD decision applicant, citizen of Costa Rica, not Convention refugee-Applicant's claim based on membership in particular social group: women subject to domestic violence-CRDD rejected claim on basis applicant had not sought protection in Honduras, where she had right to Honduran citizenship by virtue of mother's birth in Honduras-Finding based on mother's birth in Honduras, letter from Honduran ambassador, article of Honduras' Constitution-Application allowed-Constitution of Honduras providing person in situation of applicant (those born abroad of Honduran father or mother by birth) already considered Honduran by birth-Basic principle of refugee law to grant refugee status only to those requiring surrogate protection and not to those who have ready and automatic right to another country's nationality applicable herein-Relevant case law making it clear that refugee claimant must seek protection of countries in which she can assert nationality as basis for citizenship before making claim for asylum in Canada-However, before applicant obliged to seek protection from Honduran authorities, CRDD should have considered whether applicant has well-founded fear of persecution with reference to Honduras-CRDD did not properly address issue-After determining another country of nationality exists, CRDD must assess application with reference to that particular country, something it did not do herein.