Tarakhan v. Canada ( Minister of Citizenship and Immigration )
IMM-1506-95
Denault J.
10/11/95
7 pp.
Application for judicial review of CRDD decision applicant not Convention refugee-Applicant born in Palestinian refugee camp in Jordan-Became member of Palestine Liberation Organization (PLO)-Fled Cyprus in 1989 and arrived in Canada on March 2, 1990-Claimed refugee status on basis of well-founded fear of persecution because of Catholic religion and membership in particular social group as stateless Palestinian-CRDD found Jordan only country in which applicant habitually resident until 1981 and that applicant had not adduced any evidence of risk might be persecuted in Jordan-By introducing concept of habitual residence, Immigration Act gives special status to stateless persons who claim to be Convention refugees-Determination of habitual residence question of fact, not of law-Definition of Convention refugee not precluding possibility of having more than one habitual residence-For stateless person to be refugee, must be outside country of former habitual residence for one of reasons set out in definition of Convention refugee-Panel correct to consider Jordan applicant's only country of habitual residence-However, failed to consider documentary evidence and applicant's testimony with respect to risk might be persecuted if returned to Jordan-Also committed error by imposing on applicant burden of proving Jordanian authorities unable or unwilling to protect him-Application allowed.