Beliakov v. Canada ( Minister of Citizenship and Immigration )
IMM-2191-94
MacKay J.
8/2/96
12 pp.
Judicial review of CRDD determination applicants not Convention refugees-Applicants former citizens of USSR-Male applicant born in Russia to parents of Russian nationality-Female applicant Jewish, born in Estonia-After marriage in 1987 male applicant losing job-Moving to Estonia where living with female applicant's parents-Alleging overt anti-semitism in Russia which police, state unwilling to investigate, prosecute-Male applicant claiming well-founded fear of persecution on basis of membership in particular social group i.e. person whose wife Jewish-Female applicant claiming well-founded fear of persecution on basis of race, nationality, i.e. Jewish-Presiding member of tribunal determining male applicant Russian on basis able to acquire Russian citizenship simply by formally filing application requesting citizenship; infant applicant Russian as at least one parent Russian-Second member determining male applicant stateless on ground not covered by Citizenship Act of Russian Federation, s. 13 since not resident of federation and would not automatically be granted citizenship upon application-Also finding infant applicant stateless-Assessing claim in connection with Russia and Estonia, countries of former habitual residence-Both members determining female applicant stateless, assessing claim in connection with Estonia-Female applicant submitting tribunal erred in finding not Russian as Citizenship Act of Russian Federation, Art. 18 providing citizenship can be acquired by registration by person whose spouse or direct ascendant citizen-Submitting has only to apply in order to gain Russian citizenship and should therefore be considered to be Russian: Bouianova v. Minister of Employment and Immigration (1993), 67 F.T.R. 74 (F.C.T.D.)-Applications re: female, infant applicants dismissed; application re: male applicant allowed on consent-Tribunal not erring in determining female, infant applicants not Russian citizens-As applicant's spouse not yet having citizenship, necessary pre-condition, must do more than just apply for citizenship; husband must first apply and be granted Russian citizenship-Same true of infant applicant-Determination female applicant not automatically granted citizenship not unreasonable-Court not interfering with findings of fact, credibility unless unreasonable in that no evidence available supporting it-Documentary evidence Jewish persons face discrimination in Estonia, but anti-semitism not as intense as in other regions; Estonian government does take action to investigate, prosecute anti-semitic activity-Court not interfering with finding discrimination suffered by applicants not sufficiently severe as to amount to persecution-Also no basis for concluding second member erred in finding female applicant's recountal of anti-semitic incidents implausible.