Zdanov v. Canada ( Minister of Employment and Immigration )
IMM-643-93
Rouleau J.
18/7/94
8 pp.
Application for judicial review of decision by Immigration and Refugee Board applicant not Convention refugee as Russian national able to find refuge there-Although born in U.S.S.R, applicant living entire life in Estonia-Former officer of Soviet army and KGB collaborator-Submitting Board erred in finding as applicant unable to return to Estonia, therefore no risk of persecution in that country and consequently Estonia not "country of former habitual residence"-Criterion of returnability should not be invoked so as to exclude claimant from operation of Convention refugee definition in Immigration Act, s. 2(1)-Board wrong in failing to assess applicant's claim with respect to Estonia as "country of former habitual residence"-Error not forming basis of Board's decision applicant not Convention refugee-Board's decision based on absence of applicant's grounds for fearing persecution in Russia, country of nationality-Russian citizenship act not confusing and ambiguous statute-Board properly interpreting provisions, coming to proper conclusion applicant Russian national-Applicant should not base Convention refugee claim on fact not applied for, or been granted, Russian citizenship according to rationale underlying international refuge law-No reviewable error in Board's assessment no more than mere possibility applicant would be persecuted if returned to Russia-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).