Digests

CITIzEnShIp anD ImmIGraTIon

Status in Canada

Convention Refugees

Judicial review of Immigration and Refugee Board’s (Board) decision denying applicants’ refugee claim—Applicants citizens of North Korea, fleeing to China before seeking protection in Canada—Whether South Korea providing refuge—Issue: whether acquisition of South Korean citizenship within applicants’ control, thus precluding refugee protection in Canada pursuant to Williams v. Canada (Minister of Citizenship and Immigration), 2005 FCA 126, [2005] 3 F.C.R. 429—Board concluding South Korean citizenship granted automatically if requested by North Koreans—Findings concerning right to claim citizenship in foreign country matter of law, reviewable on standard of correctness—Based on evidence, acquiring South Korean citizenship not automatic, within applicants’ control—Will, desire of living in South Korea necessary—Persons residing in third country for extended period, such as applicants, not eligible—Question not whether North Koreans could automatically obtain South Korean citizenship—Proper question whether or not, based on evidence, sufficient doubt as to law, practice, case law, politics of South Korea such that citizenship not automatic, fully within applicants’ control—Application allowed.

Kim v. Canada (Citizenship and Immigration) (IMM-5625-09, 2010 FC 720, Hughes J., judgment dated June 30, 2010, 14 pp.)