Shaat v. Canada ( Minister of Employment and Immigration )
A-539-92
McGillis J.
4/8/94
3 pp.
Application for judicial review of decision by Immigration and Refugee Board applicant not Convention refugee-Applicant stateless person claiming refugee status on basis of well-founded fear of persecution by reason of nationality and membership in particular social group-Although born in Kuwait, unable to obtain Kuwaiti citizenship as parents Palestinian- Family moving to United Arab Emirates, granted temporary residence-Applicant moving to USA in 1989, coming to Canada in December 1990-Having no legal right to return to United Arab Emirates, even unable to obtain visitor's visa-Being refused employment in United Arab Emirates as Palestinian-Board's decision based on proposition Convention refugee claimant must have right to return to country for it to be "former habitual residence" under Immigration Act, s. 2(1)-Proposition invalid principle of law-Inability of person to return to country may be caused by factors persecutory in nature-Direct result of persecutory actions of state to preclude automatically affected person from seeking benefit of protection afforded by s. 2(1)-No need to establish right to return to state as constituent element of phrase "former habitual residence" in s. 2(1)-Application allowed-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).