CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Convention Refugees |
Kaya v. Canada (Minister of Citizenship and Immigration)
IMM-5565-03
2004 FC 45, Harrington J.
14/1/04
7 pp.
Judicial review of Board's decision applicant not Convention refugee or person in need of protection-- Applicant, Muslim, teacher in Turkish Public School--Lost position because refused to remove her Hejab (head scarf) while teaching--Applicant seeking refuge in Canada-- Submitting Board not considering case law submitted in support of proposition Turkish law violated religious freedom and economic consequence constituted persecution--If case law not distinguishable, then Board erred--Cases cited distinguishable--Unlike Rajudeen v. Minister of Employment and Immigration (1984), 55 N.R. 129 (F.C.A.), here Turkish government not harassing or punishing applicant because of adherence to particular interpretation of Islam--Turkey attempting to maintain secular nature in area of world in which wearing of religious dress carries with it considerable political connotations--Fosu v. Canada (Minister of Employment and Immigration) (1994), 90 F.T.R. 182 (F.C.T.D.) dealt with well-founded fear of persecution of Jehovah Witnesses in Ghana which had prohibited their religious services--Fosu holding freedom of religion including freedom to practice religion in public--Here, applicant able to publicly practice and wear head scarf-- Namitabar v. Canada (Minister of Employment and Immigration), [1994] 2 F.C. 42 (T.D.) and Fathi-Rad v. Canada (Secretary of State) (1994), 77 F.T.R. 41 (F.C.T.D.), distinguishable because dictated manner in which Iranian women must dress to comply with religious belief of theocratic governing regime and provided punishment for violation of law--Wrong to say right of Iranian women not to wear Chador anywhere and right of Turkish women to wear head scarf everywhere manifestation of same fundamental right--Application dismissed.