Date: 19990730
Docket: IMM-3791-98
Between:
SERGEY KHLEBNIKOV,
Plaintiff,
AND
THE MINISTER,
Defendant.
Application for judicial review pursuant to s. 82.1 of the Immigration Act, against a decision by the Refugee Division on July 6, 1998.
REASONS FOR ORDER AND ORDER
DENAULT J.
[1] Despite the very able submissions by counsel for the plaintiff, the Court feels it was not unreasonable for the Refugee Division to conclude that as the plaintiff could make an application for citizenship in the Ukraine, his country of origin, he was not a stateless person. His enrolment in the French Foreign Legion and his desertion after 18 months of service also did not make him a member of a particular social group under the definition of a "Convention refugee" and the interpretation given by the Supreme Court in Ward.1 It was further not unreasonable for the panel to dismiss the fear of judicial proceedings harboured by the plaintiff since the provision of the Ukraine Penal Code (section 63-1) which he said he feared was a law of general application and there was no evidence that it was discriminatory or that it was persecutory.2
[2] For these reasons, the application for judicial review is dismissed. There is no basis in the case at bar for certifying a serious question of general importance.
| Pierre Denault Judge |
MONTRÉAL, QUEBEC
July 30, 1999
Certified true translation
Bernard Olivier, LL. B.
| FEDERAL COURT OF CANADA TRIAL DIVISION Date: 19990730 Docket: IMM-3791-98 Between: SERGEY KHLEBNIKOV, Plaintiff, AND THE MINISTER, Defendant. REASONS FOR ORDER |
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
| COURT No.: IMM-3791-98 |
| STYLE OF CAUSE: SERGEY KHLEBNIKOV, |
Plaintiff,
AND
THE MINISTER,
Defendant.
PLACE OF HEARING: MONTRÉAL, QUEBEC
DATE OF HEARING: JULY 30, 1999
REASONS FOR ORDER AND ORDER BY: DENAULT J.
DATED: JULY 30, 1999
APPEARANCES:
Denis Roumestan for the plaintiff
Daniel Latulippe for the defendant
SOLICITORS OF RECORD:
Beauregard, Ferland for the plaintiff
Montréal, Quebec
Morris Rosenberg for the defendant
Deputy Attorney General of Canada
Federal Department of Justice
Montréal, Quebec
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