Kroon v. Canada ( Minister of Employment and Immigration )
IMM-3161-93
MacKay J.
6/1/95
6 pp.
Application for order setting aside Convention Refugee Determination Division (the "Tribunal") decision applicants not Convention refugees-Applicants from Estonia of mixed marriage; female applicant Estonian and male applicant Russian of German origin-Tribunal finding applicants' claims of reasonable chance of persecution not well-founded-Tribunal also finding male claimant excluded as Convention refugee by Convention, Art. 1E-Issue whether Tribunal erred in applying Art. 1E to exclude male claimant as Convention refugee-Art. 1E not requiring narrow interpretation-Plain meaning of Art. 1E rendering exclusion provision applicable to case at bar-Purpose of Art. 1E to support regular immigration laws by limiting refugee claims to those clearly facing threat of persecution-Art. 1E excluding as potential refugee claimant facing threat in own country, but living in another country, with or without refugee status, and there not facing threat of persecution for Convention reasons-Art. 1E requiring well-founded fear of persecution in both country of nationality and country of residence before refugee status claim considered-Tribunal assessment not patently unreasonable-Application dismissed-Immigration Act, R.S.C., 1985, c. I-2, s. 2(1) (as am. by R.S.C., 1985 (4th Supp.), c. 28, s. 1)-United Nations Convention Relating to the Status of Refugee, July 28, 1951, [1969] Can. T.S. No. 6, Art. 1E.