Basmenji v. Canada ( Minister of Citizenship and Immigration )
IMM-4811-96
Wetston J.
16/1/98
5 pp.
Application for judicial review of CRDD of IRB (Board) determination applicant not Convention refugee-Finding applicant did not have well-founded fear of persecution in country of nationality, Iran-Question of credibility-Applicant had been living in Japan, where married present wife, but voluntarily returned to Iran-Board found applicant must have attempted to make claim in Japan before could make claim for refugee status in Canada-Applicant submits did not fear persecution in Iran when left for Japan, but did have grounds to do so shortly upon return from Japan-Applicant left Japan voluntarily, but only on threat of imminent deportation, as had overstayed visa-Applicant arguing whether he may have claim for some form of status in Japan, as spouse of Japanese national, not relevant in determination of refugee status under Act-Issue whether Board erred in making finding of credibility, based, in part, on finding applicant should have attempted to claim some form of status in Japan, prior to making claim in Canada-Application allowed-Board did not merely rely upon assessment of evidence before it to find applicant's allegations not credible-Board also relied on its finding concerning availability of Japan as possible source of protection for applicant to support its determination applicant lacked credibility-Finding applicant must seek protection in Japan fundamental to its decision-No authority for proposition applicant must have first pursued claim for some form of status in Japan (presumably either as refugee, or spouse of Japanese national), before could claim refugee status in Canada-Claimant must seek protection of countries in which claimant can assert nationality as basis for citizenship, prior to making refugee claim in Canada-In this case, only one such country: Iran.