Date: 20000120
Docket: IMM-1134-99
MONTRÉAL, QUEBEC, THE 20TH DAY OF JANUARY, 2000
PRESENT: THE HONOURABLE MR. JUSTICE NADON
BETWEEN:
VLADIMIR KHANIUKOV
NATALIA KHANIUKOV
ELENA KHANIUKOV
Applicants
AND
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
Judicial review of the decision rendered on January 4, 1999 by Giovanna Alegra and Jacques Lasalle of the Immigration and Refugee Board in dockets M96-2730, M96-2731 and M-96-2592.
[Section 82.1 of the Immigration Act]
ORDER AND REASONS FOR ORDER
[1] The applicants are challenging the panel"s decision on the following grounds:
| 1. The panel erred in law in refusing to disqualify itself notwithstanding the request that it do so made by the applicants themselves at the commencement of the hearing; |
| 2. The panel erred in its assessment of the evidence concerning the military service in Israel; |
| 3. The panel erred in failing to consider the documentary evidence concerning the serious inter-ethnic and inter-religious tensions in Israel. |
[2] In my opinion, the application for judicial review must be dismissed. First, there is no evidence to support the argument pertaining to the bias of panel member LaSalle or a reasonable apprehension of bias on his part.
[3] Second, the applicant Natalia Khaniukov clearly could not be exempted from military services since her way of life has no "religious" character. Irrespective of whether she is Jewish or Christian, in order to be exempted she had to demonstrate a way of life justifying a legitimate refusal to serve in the armed forces. Fear is not a reason that would justify a refusal.
[4] Finally, the argument concerning the alleged error of the panel in failing to consider the documentary evidence of inter-ethnic and inter-religious tensions in Israel is irrelevant since the applicant Vladimir Khaniukov conceded that he had no fear of persecution when he left Israel. As to his fear to return, there is no evidence that he would be persecuted for having claimed refugee status in Canada.
[5] For these reasons, the application is dismissed.
| Marc Nadon |
| J. |
Certified true translation
Martine Brunet, LL.B.
FEDERAL COURT OF CANADA
TRIAL DIVISION
Date: 20000120
Docket: IMM-1134-99
Between:
VLADIMIR KHANIUKOV
NATALIA KHANIUKOV
ELENA KHANIUKOV
Applicants
AND
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
ORDER AND REASONS FOR ORDER
| FEDERAL COURT OF CANADA |
| TRIAL DIVISION |
| NAMES OF COUNSEL AND SOLICITORS OF RECORD |
| DOCKET NO:IMM-1134-99 |
| STYLE:VLADIMIR KHANIUKOV |
| NATALIA KHANIUKOV |
| ELENA KHANIUKOV |
| Applicants |
| AND |
| THE MINISTER OF CITIZENSHIP |
| AND IMMIGRATION |
| Respondent |
| PLACE OF HEARING:Montréal, Quebec |
| DATE OF HEARING:January 20, 2000 |
| REASONS FOR ORDER OF NADON J. |
| DATED: January 20, 2000 |
| APPEARANCES: |
| Michelle Langelier for the applicants |
| Thi My Dung Tran for the respondent |
| SOLICITORS OF RECORD: |
| MICHELLE LANGELIER |
| Montréal, Quebec for the applicants |
| MORRIS ROSENBERG |
| Deputy Attorney General of Canada |
| Ottawa, Ontario for the respondent |