Efremov v. Canada ( Minister of Citizenship and Immigration )
IMM-834-94
Reed J.
2/2/95
7 pp.
Judicial review of CRDD decision applicant not Convention refugee -- Applicant alleging fear of persecution in Ukraine for political views and because Jewish -- Persecution taking form of military conscription, being forced to work in Chernobyl, high radiation area -- Board noting fundamental changes in Ukraine since independence to address prevailing anti-semitism -- Characterizing acts of anti-semitism suffered as discrimination, not persecution -- Holding no credible, trustworthy evidence evading military service -- Respondent arguing Board's decision must be found "patently unreasonable" before can be quashed -- Deference given to decisions of specialized tribunals, particularly when dealing with complex technical or social policy matters -- Closer tribunal's decision is to ordinary work of court, less deferential reviewing court likely to be -- Almost no deference shown in questions of law since Court's competence in this area often equal to, if not greater than, that of tribunal -- Deference increasing when question of mixed fact and law or mixed social policy and law -- Likely to be even greater when question one of pure technical fact -- "Patently" added to test of unreasonableness to signal rules of deference apply -- "Patently" meaning "plain" or "obvious" -- Tribunal's decision should not be overturned as unreasonable unless unreasonableness plain or obvious -- Board neither ignoring nor misconstruing evidence of anti-semitism -- Board questioning applicant's credibility -- Argument Board failed to consider whether applicant refugee sur place undercut by Board's conclusion did not believe applicant's evidence relating to military call-up -- No breach of natural justice as Board not referring to statements in first PIF but deleted from second -- Question as to appropriate standard of review for assessing Board's decision i.e. unreasonable or patently unreasonable, not certified as answer to question not determinative of appeal.