Basmenji v. Canada (Minister of Citizenship and Immigration), (1998) 140 F.T.R. 292 (TD)

• Judge: Wetston, J.
• Court: Federal Court (Canada)
• Case Date: November 14, 1997
• Jurisdiction: Canada (Federal)
• Citations: (1998), 140 F.T.R. 292 (TD)

Basmenji v. Can. (M.C.I.) (1998), 140 F.T.R. 292 (TD)

MLB headnote and full text

Temp. Cite: [1998] F.T.R. TBEd. FE.013

Aiyoub Choubdari Basmenji (applicant) v. The Minister of Citizenship and Immigration (respondent)

(IMM-4811-96)

Indexed As: Basmenji v. Canada (Minister of Citizenship and Immigration)

Federal Court of Canada

Trial Division

Wetston, J.

January 16, 1998.

Summary:

Basmenji, an Iranian, married a Japanese citizen. The Convention Refugee Determination Division of the Immigration and Refugee Board held that Basmenji was not a Convention refugee. The Board found that his evidence was not credible and that he had to attempt to make a claim for some form of status in Japan, before he could make a claim for refugee status in Canada. Basmenji applied for judicial review.

The Federal Court of Canada, Trial Division, allowed the application and returned the matter to a differently constituted panel of the Board for rehearing and reconsideration.

Aliens - Topic 1322

Admission - Refugees - Grounds - Well-founded fear of persecution - Basmenji, an Iranian, married a Japanese citizen - The Immigration and Refugee Board rejected his claim for Convention refugee status - The Board found that he did not have a well-founded fear of persecution in Iran, based on an adverse credibility determination - The Board also found that Basmenji had to pursue a claim for some form of status in Japan, before making a claim for refugee status in Canada - Basmenji applied for judicial review - The Federal Court of Canada, Trial Division, allowed the application - There was no authority for the proposition that Basmenji had to first pursue a claim in Japan (presumably as a refugee or spouse of a Japanese national) prior to claiming refugee status in Canada and the Board closely linked that issue with its credibility finding.

Aliens - Topic 1323.5

Admission - Refugees - Refugee status or permanent residency in another country - [See Aliens - Topic 1322 ].

Cases Noticed:

Canada (Attorney General) v. Ward, [1993] 2 S.C.R. 689; 153 N.R. 321, refd to. [para. 12].

Minister of Employment and Immigration v. Akl (1990), 140 N.R. 323 (F.C.A.), refd to. [para. 12].

Grygorian v. Minister of Employment and Immigration (1995), 111 F.T.R. 316 (T.D.), refd to. [para. 12].

Counsel:

Micheal Crane, for the applicant;

Jeremiah Eastman, for the respondent.

Solicitors of Record:

Micheal Crane, Toronto, Ontario, for the applicant;

George Thomson, Deputy Attorney General of Canada, Ottawa, Ontario, for the respondent.

This application was heard in Toronto, Ontario, on November 14, 1997, by Wetston, J., of the Federal Court of Canada, Trial Division, who delivered the following decision on January 16, 1998.