Pidasheva v. Canada ( Minister of Citizenship and Immigration )
IMM-4065-93
Dubé J.
17/5/95
7 pp.
Application for judicial review of Convention Refugee Determination Division decision -- Applicant and two children claimed refugee status on account of valid fear of persecution for reasons of religion, nationality and membership in particular social group -- They said Christian religious beliefs basis of persecution in Ukraine and Israel -- Refugee Division found applicants had two countries of habitual residence, Ukraine and Israel, as use of singular also included plural in definition of "Convention refugee" in Immigration Act, s. 2(1) -- Considered possibility of persecution in both countries and concluded applicants would not risk any reasonable possibility of persecution in either country -- Under Act, s. 2 stateless person must show feared persecution in country of habitual residence -- Convention Refugee Determination Division Rules, s. 14(3) specifies last country of habitual residence -- Division erred by ignoring Rules, s. 14(3) which refers to last country of habitual residence -- Error not conclusive -- Division found applicants did not establish valid fear of persecution -- Could conclude as it did -- Application dismissed -- Immigration Act, R.S.C., 1985, c. I-2, s. 2(1)-Convention Refugee Determination Division Rules, SOR/93-45, s. 14(3).