Antonov v. Canada (Minister of Citizenship and Immigration), 2003 FCT 275

Date: 20030305

Docket: IMM-1192-02

Neutral citation: 2003 FCT 275

Toronto, Ontario, Wednesday, the 5^th day of March, 2003

Present:           The Honourable Mr. Justice Campbell

BETWEEN:

                                                                LEONID ANTONOV

                                                                                 and

                                                               ANDREY ANTONOV

                                                                                                                                                       Applicants

- and -

THE MINISTER OF CITIZENSHIP AND IMMIGRATION

                                                                                                                                                     Respondent

                                               REASONS FOR ORDER AND ORDER

[1]                 This is an application for judicial review of the decision of a Post-Determination Claims Officer ("PDCO"), dated February 7, 2002, wherein the PDCO determined that the Applicants did not qualify as Post-Determination Refugee Claimants in Canada ("PDRCC").

[2]                 The Applicants are twin brothers and are citizens of Tajikistan. They claim a well-founded fear of persecution on the basis of their ethnicity as Ethnic Russians and religion as Orthodox Christians. The Applicants claim to have been subject to beating and harassment by Tajik Muslims, and to receiving demands that they convert to Islam.

[3]                 The Applicants hold the prospective fear that, if returned, they will be subject to assault, kidnapping, murder or other forms of ill-treatment at the hands of the Tajik Muslim-led opposition forces. The Applicants claim that the police are both unwilling and unable to protect the Russian community in Tajikistan from these forces.

[4]                 The Applicants' Refugee claims were denied on December 31, 1998. Their subsequent application for leave and judicial review was denied on May 3, 1999. The PDRCC determined that the Applicants would not be at risk due to their Russian heritage or Orthodox Christian religion. The PDCO found the following:

-     the applicants have not provided sufficient objective evidence to indicate that they would not be provided with adequate protection by the authorities if required - based upon documentary evidence, individuals who are local officials, businessmen, and professional figures of both Russian and Tajik nationality are targeted for a variety of political, economic and ethnic reasons.

-    I do not find that the applicants who are non-political and non-high profile, would be targeted solely due to their ethnicity or religion, even though they may feel insecure in a society that is largely not ethnic Russian or Slav.

-    after a careful analysis of all the evidence before me, it is my finding that the applicants would not be at risk to their lives of extreme sanctions or inhumane treatment for any reason if returned to Tajikistan. (Applicant's Application Record, p. 8-9) [Emphasis added]

[5]                 After a careful scrutiny of the tribunal record, I find that the "profile" conclusion reached by the PDCO is unsupported by the evidence. The evidence is that persons in the profiles mentioned in the decision under review are persecuted for their ethnicity; however, there is also ample evidence that ethnic Russians not in the categories specified are also persecuted.

[6]                 Since the "profile" conclusion is key to the decision under review, and since I find it is unsupported by the evidence considered in its totality, I find that the risk decision is patently unreasonable.

                                                  ORDER

Accordingly, the PDCO is set aside and the matter is referred back for redetermination under section 119 of the Immigration and Refugee Protection Act.

                                                                              "Douglas R. Campbell"                       

                                                                                                      J.F.C.C.                         

                              FEDERAL COURT OF CANADA

                  TRIAL DIVISION

    Names of Counsel and Solicitors of Record

DOCKET:                                              IMM-1192-02

STYLE OF CAUSE:              LEONID ANTONOV and ANDREY ANTONOV     

                                                                                                   Applicants

- and -

THE MINISTER OF CITIZENSHIP AND

IMMIGRATION

                                                                                                 Respondent

PLACE OF HEARING:                      TORONTO, ONTARIO

DATE OF HEARING:                        TUESDAY, MARCH 4, 2003

REASONS FOR ORDER

AND ORDER BY:                               CAMPBELL, J.

DATED:                                                 WEDNESDAY, MARCH 5, 2003

APPEARANCES BY:                          Mr. Arthur Yallen   

For the Applicants

Ms. Kareena R. Wilding

For the Respondent

SOLICITORS OF RECORD:           Yallen & Associates

204 St. George Street, 3^rd Floor

Toronto, Ontario

M5R 2N5        

For the Applicants

Morris Rosenberg         

            Deputy Attorney General of Canada

For the Respondent

FEDERAL COURT OF CANADA

          Date: 20030305

          Docket: IMM-1192-02

BETWEEN:

LEONID ANTONOV and

ANDREY ANTONOV

                  Applicants

- and -

THE MINISTER OF CITIZENSHIP AND IMMIGRATION

                    Respondent

REASONS FOR ORDER

AND ORDER