Khlebnikov v. Canada (Minister of Citizenship and Immigration), docket IMM-3791-98

     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.

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FEDERAL COURT OF CANADA TRIAL DIVISION      Date: 19990730      Docket: IMM-3791-98 Between:      SERGEY KHLEBNIKOV,      Plaintiff,      AND      THE MINISTER,      Defendant.      REASONS FOR ORDER

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     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

__________________

¹      Canada (Attorney General) v. Ward, [1993] 2 S.C.R. 689.

²      Zolfagharkhani v. Canada, [1993] 3 F.C. 540.