Date: 19990902
Docket: IMM-5931-98
OTTAWA, ONTARIO, THE 2ND DAY OF SEPTEMBER 1999
Present: THE HONOURABLE MR. JUSTICE NADON
Between:
Vladimir BELINSKI
Angelina BELINSKI
Vladimir BELINSKI
Denis BELINSKI
Yulia BELINSKI
Svetlana BELINSKI
Applicants
AND
MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
ORDER
The application for judicial review is dismissed.
Marc Nadon
Judge
Certified true translation
M. Iveson, LL.B-LL.L.
Date: 19990902
Docket: IMM-5931-98
BETWEEN:
Vladimir BELINSKI
Angelina BELINSKI
Vladimir BELINSKI
Denis BELINSKI
Yulia BELINSKI
Svetlana BELINSKI
Applicants
AND
MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
NADON J.
[1] The Refugee Division determined that the applicants, citizens of Israel, were not Convention refugees. The decision under review is dated October 8, 1998.
[2] The Refugee Division determined, inter alia, that the applicants did not establish with clear and convincing proof that the State of Israel could not protect them. In Kadenko et al. v. Canada (Solicitor General) (1996), 206 N.R. 272, Mr. Justice Décary, writing for the Federal Court of Appeal, stated the following:
When the state in question is a democratic state, as in the case at bar, the claimant must do more than simply show that he or she went to see some members of the police force and that his or her efforts were unsuccessful. The burden of proof that rests on the claimant is, in a way, directly proportional to the level of democracy in the state in question: the more democratic the state"s institutions, the more the claimant must have done to exhaust all the courses of action open to him or her.
[3] In the instant case, the applicants were unfortunately unable to meet the burden of proof that rested on them. Accordingly, the Refugee Division did not err in finding as it did. In light of my conclusion on this point, it will not be necessary to consider the other issues raised in the application for judicial review.
[4] For these reasons, the application will be dismissed.
Marc Nadon
Judge
OTTAWA, Ontario
September 2, 1999
Certified true translation
M. Iveson, LL.B-LL.L
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT NO.: IMM-5931-98
STYLE OF CAUSE: VLADIMIR BELINSKI et al. v. MCI
PLACE OF HEARING: MONTRÉAL, QUEBEC
DATE OF HEARING: AUGUST 31, 1999
REASONS FOR ORDER OF NADON J.
DATED SEPT. 2, 1999
APPEARANCES:
MICHELLE LANGELIER
FOR THE APPLICANTS
SHERRY RAFAI FAR
FOR THE RESPONDENT
SOLICITORS OF RECORD:
MICHELLE LANGELIER
FOR THE APPLICANTS
SHERRY RAFAI FAR
Morris Rosenberg FOR THE RESPONDENT
Deputy Attorney General of Canada