CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Convention Refugees |
Ivachtchenko v. Canada (Minister of Citizenship and Immigration)
IMM-4964-01
2002 FCT 1291, Lemieux J.
12/12/02
9 pp.
Judicial review of Refugee Division of Immigration and Refugee Board (Board) decision--Artem Ivachtchenko, young Russian male, arrived in Canada in October 2000 on six- month visa to visit aunt; three months later, on January 10, 2001, made refugee claim--Applicant denied refugee recogni-tion by decision of Board--On grounds of being Jewish, applicant claimed well-founded fear of persecution at hands of a Russian nationalist organization, Russian National Unity-- To meet burden, applicant must establish well-founded fear of persecution--In terms of applicant's past persecution, Board erred in law by misreading or ignoring evidence--As second ground, applicant advanced call-up for compulsory military service and testified regarding fear of persecution-- Compulsory military service not considered as persecutory and aversion to military service or fear of combat not sufficient ground to support well-founded fear of persecution --Applicant not against doing military service--Applicant's fears rooted to two concerns--First in regard to anti-Semitism and second related to human rights abuses committed by army against civilians in Chechnya-- Both concerns could form basis for well-founded fear of persecution--Problem related to Board's failure to consider both aspects of applicant's concerns--Therefore, Board's decision quashed, applicant's refugee claim remitted for consideration by differently constituted panel--Judicial review application allowed.