Bouianova v. Canada ( Minister of Employment and Immigration )
92-T-1437
Rothstein J.
11/6/93
6 pp.
Application for judicial review of Panel's decision applicant not qualifying as Convention refugee -- Applicant born in Komi, near Moscow in former USSR -- Whether Panel erred in finding applicant to be citizen of Russia rather than stateless person -- Whether Panel exceeded jurisdiction in making such determination -- Applicant could become citizen of Russia by simply making request and submitting passport to be stamped -- No evidence of applicant having well-founded fear of persecution in Russia -- Status of statelessness not optional for applicant -- Condition of not having country of nationality must be beyond power of applicant to control -- Definition of Convention refugee should not be based upon technical approach -- Applicant, by virtue of place of birth, entitled to be citizen of Russia -- No obvious prejudice suffered by applicant -- No miscarriage of justice -- Application dismissed.